Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Bankruptcy proceeding
1. Bankruptcy (1). 2. Any judicial or procedural action (such as a hearing) related to a bankruptcy.
Bastardy proceeding.
see paternity suit
L-Claim proceeding
Under the Racketeer Influenced and Corrupt Organizations Act, a hearing that is connected with a criminal proceeding, and that is intended to ensure that property ordered to be forfeited belongs to the defendant. ( A petition for an L-Claim proceeding is filed by someone other than the defendant who claims an interest in property that has been ordered to be forfeited. The proceeding's purpose is not to divide the defendant's estate among competing claimants, and general creditors of the defendant should not be allowed to maintain an L-Claim petition. To succeed, an L-Claim petitioner must be able to show an interest in a specific asset that has been ordered forfeited. The proceeding is referred to as an IrClaim proceeding because its legal basis is subsection "l" of RICO's penalty provision. 18 USCA § 1963(Z)(2).
Proceeding
1 The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment. 2. Any procedural means for seeking redress from a tribunal or agency. 3. An act or step that is part of a larger action. 4. The business conducted by a court or other official body; a hearing. 5. Bankruptcy. A particular dispute or matter arising within a pending case - as opposed to the case as a whole. "'Proceeding' is a word much used to express the business done in courts. A proceeding in court is an act done by the authority or direction of the court, express or implied. It is more comprehensive than the word 'action,' but it may include in its general sense all the steps taken or measures adopted in the prosecution or defense of an action, including the pleadings and judgment. As applied to actions, the term 'proceeding' may include - (1) the institution of the action; (2) the appearance of the defendant; (3) all ancillary or provisional steps, such as arrest, attachment of property, garnishment, injunction, writ of ne exeat; (4) the pleadings; (5) the taking of testimony before trial; (6) all motions made in the action; (7) the trial; (8) the judgment; (9) the execution; (10) proceedings supplementary to execution, in code practice; (11) the taking of the appeal or writ of error; (12) the remittitur, or sending back of the record to the lower court from the appellate or reviewing court; (13) the enforcement of the judgment, or a new trial, as may be directed by the court of last resort." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 3-4 (2d ed. 1899).
adjudicatory proceeding
See adjudicatory hearing under HEARING.
administrative proceeding
See ADMINISTRATIVE PROCEEDING.
administrative proceeding.
A hearing, inquiry, investigation, or trial before an administrative agency, usu. adjudicatory in nature but sometimes quasi-legislative. - Also termed evidentiary hearing; full hearing; trial-type hearing; agency adjudication.
adversary proceeding
a hearing involving a dispute between opposing parties <judge adams presided over the adversary proceeding between the landlord and tenant>. 2. bankruptcy. a lawsuit that is brought within a bankruptcy proceeding, governed by special procedural rules, and based on conflicting claims usu. between the debtor (or the trustee) and a creditor or other interested party <the chapter 7 trustee filed an adversary proceeding against the party who received $100,000 from the debtor one week before the bankruptcy filing>.
ancillary proceeding
see ancillary suit under suit.
collateral proceeding
A proceeding brought to address an issue incidental to the principal proceeding.
competency proceeding
A proceeding to assess a person's mental capacity. ( A compeency hearing may be held either in a criminal context to determine a defendant's competency to stand trial or as a civil proceeding to assess whether a person should be committed to a mental-health facility.
contempt proceeding
A judicial or quasijudicial hearing conducted to determine whether a person has committed contempt.
core proceeding
See CORE PROCEEDING.
criminal proceeding
A proceeding instituted to determine a person's guilt or innocence or to set a convicted person's punishment; a criminal hearing or trial.
dischargeability proceeding
Bankruptcy. A hearing to determine whether a debt is dischargeable or is subject to an exception to discharge. 11 USCA § 523.
disciplinary proceeding
An action brought to reprimand, suspend, or expel a licensed professional or other person from a profession or other group because of unprofessional, unethical, improper, or illegal conduct. ( A disciplinary proceeding against a lawyer may result in the lawyer's being suspended or disbarred from practice.
dispossess proceeding
A summary procedure initiated by a landlord to oust a defaulting tenant and regain possession of the premises. See FORCIBLE ENTRY AND DETAINER.
ex parte proceeding
A proceeding in which not all parties are present or given the opportunity to be heard. - Also termed ex pane hearing.
expedited proceeding
See SHOW-cause CEEDING.
in camera proceeding
A proceeding held in a judge's chambers or other private place.
informal proceeding
A trial conducted in a more relaxed manner than a typical court trial, such as an administrative hearing or a trial in small-claims court.
informal proceeding.
See PROCEEDING.
insolvency proceeding. Archaic.
A bankruptcy proceeding to liquidate or rehabilitate an estate. See BANKRUPTCY (1).
judicial proceeding
See PROCEEDING.
legal proceeding
Any proceeding authorized by law and instituted in a court or tribunal to acquire a right or to enforce a remedy.
non-core proceeding
See RELATED PROCEEDING.
noncore proceeding
See RELATED PROCEEDING,
postconviction-relief proceeding
A state or federal procedure for a prisoner to request a court to vacate or correct a conviction or sentence. - Also termed postconviction-remedy proceeding; PCR action; postconviction proceeding.
related proceeding
See RELATED PROCEEDING.
report of proceedings
See TRANSCRIPT.
show-cause proceeding
A usu. expedited proceeding on a show-cause order. - Also termed rule to show cause; summary process; summary procedure; expedited proceeding.
special proceeding
See PROCEEDING.
summary proceeding
A nonjury proceeding that settles a controversy or disposes of a case in a relatively prompt and simple manner. -Also termed summary trial. Cf. plenary action under ACTION. "Summary proceedings were such as were directed by Act of Parliament, there was no jury, and the person accused was acquitted or sentenced only by such person as statute had appointed for his judge. The common law was wholly a stranger to summary proceedings." A.H. Manchester, Modern Legal History of England and Wales, 1750-1950 160 (1980).
supplementary proceeding
1 A proceeding held in connection with the enforcement of a judgment, for the purpose of identifying and locating the debtor's assets available to satisfy the judgment. 2. A proceeding that in some way supplements another.
termination proceeding
An administrative action to end a person's or entity's status or relationship. ( For example, the International Banking Act authorizes the International Banking Board to institute a termination proceeding when a foreign bank or its U.S. agency or branch is convicted of money-laundering. 12 USCA § 3105(e).
transcript of proceedings
A compilation of all documents relating to a bond issue, typically including the notices,! affidavits of notices, a bond resolution (or bond ordinance), official statement, trust indenture and loan agreements, and minutes of meetings of all authorizing bodies.
unlawful-detainer proceeding
An action to return a wrongfully held tenancy (as one held by a tenant after the lease has expired) to its owner. See unlawful detainer under DETAINER.
vexatious proceeding
See VEXATIOUS SUIT.