Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Administrative Procedure Act.
A federal statute establishing practices and procedures to be followed in rulemaking and adjudication. 0 The Act was designed to give citizens basic dueprocess protections such as the right to present evidence and to be heard by an independent hearing officer. 2. A similar state statute.
Code de procedure civil
A French civil-procedure code,enacted in 1806 and appended to the Code Napoleon. See NAPOLEONIC CODE.
England procedure
A procedure by which -after a federal court has referred a case back to state court under the Pullman abstention doctrine, and the state court has adjudicated the state-court issues - a litigant may return to federal court to have the federal claims adjudicated. England v. Louisiana State Bd. of Med. Examiners, 375 U.S. 411, 84 S.Ct. 461 (1964). See Pullman abstention under ABSTENTION.
Federal Rules of Appellate Procedure
The rules governing appeals to the U.S. courts of appeals from lower courts, some federal-agency proceedings, and applications for writs. -Abbr. Fed. R. App. P.; FRAP.
Federal Rules of Bankruptcy Procedure
The rules governing proceedings instituted under the Bankruptcy Code. - Abbr. Fed. R. Bankr. P.
Federal Rules of Civil Procedure
.The rules governing civil actions in the U.S. district courts. - Abbr. Fed. R. Civ. P.; FRCP.
Federal Rules of Criminal Procedure
The rules governing criminal proceedings in the U.S. district courts. - Abbr. Fed. R. Crim. P.
Procedure
1 A specific method or course of action. 2. The judicial rule or manner for carrying on a civil lawsuit or criminal prosecution. See CIVIL PROCEDURE; CRIMINAL PROCEDURE.
Real Estate Settlement Procedures Act
A federal law that requires lenders to provide home buyers with information about known or estimated settlement costs. 12 USCA §§ 2601-2617. - Abbr. RESPA. See REGULATION X.
Revenue Procedure
An official statement by the IRS regarding the administration and procedures of the tax laws. - Abbr. Rev. Proc.
Standing Committee on Rules of Practice and Procedure
A group of judges, lawyers, and legal scholars appointed by the Chief Justice of the United States to advise the Judicial Conference of the United States on possible amendments to the procedural rules in the various federal courts and on other issues relating to the operation of the federal courts. 28 USCA § 331. "[Under 28 USCA § 331], the Judicial Conference of the United States has created a Standing Committee on Rules of Practice and Procedure and has authorized the appointment from time to time of various advisory committees. These committees make recommendations regarding amendments of the rules to the Judicial Conference, which in turn transmits those recommendations it approves to the Supreme Court. Under this new plan, as under the machinery in effect from 1934 to 1956, the Court retains the ultimate responsibility for the adoption of amendments to the rules." 4 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1007, at 35 (2d ed. 1987).
accusatory procedure.
See ADVERSARY SYSTEM.
administrative procedure.
See PROCEDURE.
adversary procedure
see adversary system.
appearance, n. procedure. a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person. -appear, vb.
the english courts did not, until modern times, claim jurisdiction over the person of the defendant merely by service of summons upon him. it was deemed necessary to resort to further process by attachment of his property and arrest of his person to compel 'appearance,' which is not mere presence in court, but some act by which a person who is sued submits himself to the authority and jurisdiction of the court. any steps in the action, such as giving bail upon arrest, operated as an appearance or submission." benjamin j. shipman, handbook of common-law pleading § 5, at 24 (henry winthrop ballantine ed., 3d ed. 1923)
civil procedure
1. The body of law - usu. rules enacted by the legislature or courts -governing the methods and practices used in civil litigation. ( An example is the Federal Rules of Civil Procedure. 2. A particular method or practice used in carrying on civil litigation.
criminal procedure.
The rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated, and punished. ( It includes the protection of accused persons' constitutional rights.
death penalty sanction. Civil procedure.
A court's order dismissing the suit or entering a default judgment in favor of the plaintiff because of extreme discovery abuses by a party or because of a party's action or inaction that shows an unwillingness to participate in the case. ( Such a sanction is rarely ordered, and is usu. preceded by orders of lesser sanctions that have not been complied with or that have not remedied the problem.
formulary procedure
Hist. The common-law method of pleading and practice, which required formulaic compliance with the accepted forms of action even if through elaborate fictions. ( In the 19th century, this type of procedure was replaced both in the United States and in England. See code pleading under PLEADING (2).
grievance procedure.
Labor law. A process, consisting of several steps, for the resolution of an employee's complaint. ( The first step usu. occurs at the shop level and is handled by a supervisor. If the grievance is not resolved at the first step, the grievance is appealed in successive steps that vary among collectivebargaining agreements. The final step of the procedure is grievance arbitration. See grievance arbitration under ARBITRATION; GRIEVANCE (3).
libellary procedure
Roman law. A procedure in which the parties submitted their claims to the magistrate without formally making an issue and with only a short statement (a libellus) of the basis for the lawsuit.
life-sustaining procedure
A medical procedure that uses mechanical or artificial means to sustain, restore, or substitute for a vital function and that serves only or mainly to postpone death.
majority-consent procedure
Corporations. A statutory provision allowing shareholders to avoid a shareholders' meeting and to act instead by written consent of the holders of a majority of shares. ( Delaware and a few other states have enacted such procedures.
nonoccupant visitor. Criminal procedure.
A person who owns, coowns, is employed by, or is a patron of a business enterprise where a search is being conducted in accordance with a search warrant.
outcome-determinative test. Civil procedure.
A test used to determine whether an issue is substantive for purposes of the Erie doctrine by examining the issue's potential effect on the outcome of the litigation. See ERIE DOCTRINE.
silent record. Criminal procedure
A record that fails to disclose that a defendant voluntarily and knowingly entered a plea, waived a right to counsel, or took any other action affecting his or her rights. 2. The official report of the proceedings in a case, including the filed papers, a verbatim transcript of the trial or hearing (if any), and tangible exhibits. See DOCKET (1).
summary procedure
See SHOW-CAUSE PROCEEDING.