Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita esl potest fieri; et quilibet potest renunciare juri pro se introducto
Even if alienation is prohibited, it may yet take place by the consent of all in whose favor it is prohibited; it is in the power of anyone to renounce a right introduced for his own benefit.
Contra legem facit qui id facit quod lex prohibit; in fraudem vero qui, salvis verbis legis, sententiam ejus circumvenit
A person acts contrary to the law who does what the law prohibits; a person acts in fraud of the law who, without violating the wording, circumvents the intention. Dig. 1.3.29.
De molendino de novo erecto non jacet prohibitio
A prohibition does not lie against a newly erected mill.
Dispensatio est mali prohibiti provida relaxatio, utilitate seu necessitate pensata; et est de jure domino regi concessa, propter impossibilitatem praevidendi de omnibus particularibus
A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity; and it is conceded by law to the king on account of the impossibility of foreknowledge concerning all particulars.
Prohibit
vb. 1. To forbid by law. 2. To prevent or hinder.
Prohibition
1 A law or order that forbids a certain action. 2. An extraordinary writ issued by an appellate court to prevent a lower court from exceeding its jurisdiction or to prevent a nonjudicial officer or entity from exercising a power. - Also termed (in sense 2) writ of prohibition. "Prohibition is a kind of common-law injunction to prevent an unlawful assumption of jurisdiction It is a common-law injunction against governmental usurpation, as where one is called coram non judice (before a judge unauthorized to take cognizance of the affair), to answer in a tribunal that has no legal cognizance of the cause. It arrests the proceedings of any tribunal, board, or person exercising judicial functions in a manner or by means not within its jurisdiction or discretion." Benjamin J. Shipman, Handbook of Common-Law Pleading ยง 341, at 542 (Henry Winthrop Ballantine ed., 3d ed. 1923). 3. (cap.) The period from 1920 to 1933, when the manufacture, transport, and sale of alcoholic beverages in the United States was forbidden by the 18th Amendment to the Constitution. ( The 18th Amendment was repealed by the 21st Amendment.
crime malum prohibitum
See MALUM PROHIBITUM.
mala prohibita
See MA. LUM PROHIBITUM.
malum prohibitum
n. [Latin "prohibited evil"] An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. ( Misdemeanors such as jaywalking and running a stoplight are males prohibita, as are many regulatory violations. Pl. males prohibits. - malum prohibitum, adj. Cf. MALUM IN SE. Much of the criminal law that is regulatory in character - the part of it that deals with malum prohibitum rather than malum in se - is based upon the ... principle that the choice of the individual must give way to the convenience of the many." Patrick Devlin, The Enforcement of Morals 16 (1968). "As customarily used these phrases are mutually exclusive. An offense malum prohibitum is not a wrong which is prohibited, but something which is wrong only in the sense that it is against the law. This is emphasized at times by such phrases as 'malum prohibitum only' or 'but malum prohibitum,' although it is understood without any such qualification. A failure to understand this usage of the terms has led some to assume that all statutory additions to the common law of crimes are mala prohibita. One writer emphasized his confusion by speaking of embezzlement as malum prohibitum. This assumption is utterly without foundation. An act may be malum in se although no punishment is provided by law. If this defect is corrected by appropriate legislation, what previously was malum in se does not cease to be so by reason of having been defined and made punishable by law." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 884-85 (3d ed. -1982).
non fecit vastum contra prohibitionem
[Latin "he did not commit waste against the prohibition"] In an estrepement action, a tenant's denial of any destruction to lands after an adverse judgment but before the sheriff has delivered possession of the lands to the plaintiff.
prohibited degree
See DEGREE,
prohibitio de vasto, directa parti
[Latin "prohibition of waste, directed to the party"] Hist. A writ issued during litigation prohibiting a tenant from committing waste.
prohibitory injunction
See INJUNCTION
prohibitory injunction.
An injunction that forbids or restrains an act. ( This is the most common type of injunction. Cf. mandatory injunction.
prohibitory interdict
An interdict by which a praetor forbade something to be done.
writ of prohibition
See PROHIBITION (2).