Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Arrest on final process
hist. Arrest in a civil case after the conclusion of a trial. -also termed arrest in execution.
Arrest on mesne process
see arrest
Arrest on mesne process (meen).
hist. Arrest in a civil case before trial takes place .citizen's arrest. An arrest of a private person by another private person on grounds that (1) a public offense was committed in the arrester's presence, or (2) the arrester has reasonable cause to believe that the arrestee has committed a felony.
Bailable process
see process (2).
Compulsory Process Clause
The clause of the Sixth Amendment to the U.S. Constitution giving criminal defendants the subpoena power for obtaining witnesses in their favor.
Due Process Clause
The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property. 0 There are two Due Process Clauses in the U.S. Constitution, one in the 5th Amendment applying to the federal government, and one in the 14th Amendment applying to the states (although the 5th Amendment's Due Process Clause also applies to the states under the incorporation doctrine). Cf. EQUAL PROTECTION CLAUSE.
Favorabiliores sunt executiones aliis processibus quibuscunque
Executions are preferred to all other processes whatever.
Judicia in deliberationibus crebro maturescunt, in accelerato processu nunquam.
Judgments often ripen in the course of deliberation, never in hurried proceeding. 2 Inst. 210.
Process
n. 1 The proceedings in any action or prosecution <due process of law>. 2. A summons or writ, esp. to appear or respond in court <service of process>. - Also termed judicial process; legal process. "Process is so denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writs or judicial means by which he is brought to answer." 1 Joseph Chitty, A Practical Treatise on the Criminal Law 338 (2d ed. 1826).
Processioning
The survey and inspection of land boundaries, performed esp. in the former English colonies along the southeastern seaboard, and analogous to the English perambulation.
Processus legis est gravis vexatio; executio legis coronat opus
The process of the law is heavy hardship; the execution of the law crowns (or rewards) the work.
abuse of process
The improper and tortious use of a legitimately issued court process to obtain a result that is either unlawful or Be- yond the process's scope. - Also termed ab!, of legal process; malicious abuse of procc malicious abuse of legal process; wrongful prcess; wrongful process of law. Cf. MAmCIo -PROSECUTION.
accrocher un process
[French] To stay the proceedings in a suit. accrual, clause of.
administrative process.
The procedure used before administrative agencies. 2. The means of summoning witnesses to an agency hearing.
ancillary process
see ancillary suit under suit.
antitrust civil process act
a federal law prescribing the procedures for an antitrust action by way of a petition in u.s. district court. 15 usca §§ 1311 et seq.
bailable process
A process instructing an officer to take bail after arresting a defendant. ( The defendant's discharge is required by law after the tender of suitable security.
cesset processus
[Latin "let process stay"] An order directing a stay of a legal proceeding.
civil process
A process that issues in a civil lawsuit.
compulsory process
A process, with a warrant to arrest or attach included, that compels a person to appear in court as a witness.
criminal process
A process (such as an arrest warrant) that issues to compel a person to answer for a crime.
de recordo et processu mittendis
n. [Law Latin "of the sending of the record and process of a cause to a superior court"] A type of writ of error.
deliberative process privilege
A privilege permitting the government to withhold docu ments relating to policy formulation to encourage open and independent discussion among those who develop government policy.
due process
The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. - Also termed due process of law; due course of law. "The words 'due process' have a precise technical import, and are only applicable to the process and proceedings of the courts of justice; they can never be referred to an act of legislature." Alexander Hamilton, Remarks on an Act for Regulating Elections, New York Assembly, 6 Feb. 1787, in 4 Papers of Alexander Hamilton 34, 35 (Harold C. Syrett ed., 1962)."The words, 'due process of law,' were undoubtedly intended to convey the same meaning as the words, 'by the law of the land,' in Magna Charta." Murray's Lessee u. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272, 276 (1856) (Curtis, J.)."Due process
due process of law
See DUE PROCESS.
due-process rights
The rights (as to life, liberty, and property) so fundamentally important as to require compliance with due-process standards of fairness and justice. See DUE PROCESS; DUE PROCESS CLAUSE.
economic substantive due process
The doctrine that certain social policies, such as the freedom of contract or the right to enjoy property without interference by government regulation, exist in the Due Process Clause of the 14th Amendment, particularly in the words "liberty" and "property."
electoral process
1. A method by which a person is elected to public office. 2. The taking and counting of votes.
executory process
Civil law. 1. A process that can be resorted to either (1) when the right of a creditor arises from an act importing a confession of judgment, and that contains a privilege or mortgage in the creditor's favor, or (2) when the creditor demands the execution of a judgment that has been rendered by a different tribunal. 2. An accelerated procedure, summary in nature, by which the holder of a mortgage or privilege evidenced by a confession of judgment seeks to effect an ex parte seizure and sale of the subject property.
factorizing process
A procedure or legal process by which a third party, rather than the creditor, attaches a debtor's property; GARNISHMENT. - Also termed trustee process; process by foreign attachment. "In Vermont and Connecticut, the [garnishee] is also sometimes called the factor, and the process [of garnishing], factorizing process." Charles D. Drake, A Treatise on the Law of Suits by Attachment in the United States § 451, at 386 (7th ed. 1891).
final process
A process issued at the conclusion of a judicial proceeding; esp., a writ of execution.
irregular process
A process not issued in accordance with prescribed practice. ( Whether the process is void or merely voidable depends on the type of irregularity. Cf. regular process.
judicial process
See PROCESS.
jury process
1 The procedure by which jurors are summoned and their attendance is enforced. 2. The papers served on or mailed to potential jurors to compel their attendance.
legal process
See PROCESS.
malicious abuse of legal process
See ABUSE OF PROCESS.
malicious abuse of process
See ABUSE OF PROCESS.
malicious use of process
See MALICIOUS PROSECUTION.
mesne process
1 A process issued between the commencement of a lawsuit and the final judgment or determination. 2. The procedure by which a contumacious defendant is compelled to plead.
original process
A process issued at the beginning of a judicial proceeding. "Original process is any writ or notice by which a defendant is called upon to appear and answer the plaintiff's declaration. The commencement of the suit at common law was formerly by original writ. Judicial process was by summons, attachment, arrest and outlawry." Benjamin J. Shipman, Handbook of Common-Law Pleading § 3, at 17 (Henry Winthrop Ballantine ed., 3d ed. 1923).
prayer of process
A conclusion to a bill in equity requesting the issuance of a subpoena if the defendant fails to answer the bill.
procedural due process
The minimal requirements of notice and a hearing guaranteed by the Due Process Clauses of the 5th and 14th Amendments, esp. if the deprivation of a significant life, liberty, or property interest may occur.
process agent
See AGENT
process by foreign attachment
See FACTORIZING PROCESS.
process patent
A patent for a method of treating specified materials to produce a certain result; a patent outlining a means of producing a physical result independently of the producing mechanism. ( The result might be brought about by chemical action, by applying some element or power of nature, by mixing certain substances together, or by heating a substance to a certain temperature.
process server
A person authorized by law or by a court to formally deliver process to a defendant or respondent. See SERVICE (1).
process, abuse of
See MALICIOUS ABUSE OF PRO. CESS.
processum continuando
[Latin "for continuing process"] Hist. A writ for the continuation of process after the death of a justice authorized to review cases by a commission of oyer and terminer.
recordo et processu mittendis
See DE RECORDO ET PROCESSU MITTENDIS.
regular process
A process that issues lawfully according to prescribed practice. Cf. irregular process.