Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative.

From impossibility to nonexistence the inference follows necessarily in the negative, though not in the affirmative.

Accessorium non ducit, sed sequitur, suum principale

An accessory does not lead, but follows, its principal.

Accessorius sequitur naturam sui principalis

An accessory follows the nature of his principal.

Actor sequitur forum rei

The plaintiff follows the forum of the thing in dispute.

Aequitas agit in personam

Equity acts upon the person.

Aequitas est correctio legis generaliter latae qua parte deficit

Equity is the correction of some part of the law where by reason of its generality it is defective.

Aequitas ignorantiae opitulatur, oscitantiae non item

Equity assists ignorance but not complacency (or carelessness).

Aequitas non facit jus, sed juri auxiliatur

Equity does not create a right, but aids the right.

Aequitas sequitur legem

Equity follows the law.

Aequitas supervacua odit

Equity abhors superfluous things.

At equity

according to equity; by, for, or in equity.

Autrefois acquit

A plea in bar of arraignment that the defendant has been acquitted of the offense. - also termed former acquittal. See double jeopardy."suppose that a transgressor is charged and acquitted for lack of evidence, and evidence has now come to light showing beyond doubt that he committed the crime. Even so, he cannot be tried a second time. He has what is termed, in legal frenglish, the defence of autrefois acquit. Similarly, if he is convicted, even though he is let off very lightly, he cannot afterwards be charged on fresh evidence, because he will have the defence of autrefois convict. These uncouth phrases have never been superseded, though they might well be called the defence of 'previous acquittal' and 'previous conviction'; and double jeopardy' makes an acceptable generic name for both." glanville williams, textbook of criminal law 24 (1978).

Bonus judex secundum aequum et bonum judicat, et aequitatem stricto juri praefert

A good judge decides according to fairness and the good and prefers equity to strict law.

Casus omissus et oblivioni datus dispositions communis juris relinquitur

A case omitted and forgotten (not provided for in statute) is left to the disposal of the common law.

Debet quis juri subjacere ubi delinquit

Any offender should be subject to the law of the place where he offends.

Efectus sequitur causam

The effect follows the cause.

Equitable asset

an asset that is subject to payment only in a court of equity.

Equitable assignment

an assignment that, although not legally valid, will be recognized and enforced in equity - for example, an assignment of a chose in action or of future acquisitions of the assignor. ( to accomplish an "equitable assignment," there must be an absolute appropriation by the assignor of the debt or fund sought to be assigned. Fly

Equitas sequitur legem

Equity follows the law.

Equity

n. 1. Fairness; impartiality; evenhanded dealing <the company's policies require managers to use equity in dealing with subordinate employees>. 2. The body of principles constituting what is fair and right; natural law <the concept of "inalienable rights" reflects the influence of equity on'the Declaration of Independence. 3. The recourse to principles of justice to correct or supplement the law as applied to particular circumstances <the judge decided the case by equity because the statute did not fully address the issue>. - Also termed natural equity. 4. The system of law or body of principles originating in the English Court of Chancery and superseding the common and statute law (together called "law" in the narrower sense) when the two conflict <in appealing to the equity of the court, she was appealing to the "king's conscience">. "Equity is that system of justice which was developed in and administered by the High Court of Chancery in England in the exercise of its extraordinary jurisdiction. This definition is rather suggestive than precise; and invites inquiry rather than answers it. This must necessarily be so. Equity, in its technical and scientific legal sense, means neither natural justice nor even all that portion of natural justice which is susceptible of being judicially enforced. It has, when employed in the language of English law, a precise, definite and limited signification, and is used to denote a system of justice which was administered in a particular court - the nature and extent of which system cannot be defined in a single sentence, but can be understood and explained only by studying the history of that court, and the principles upon which it acts. In order to begin to understand what equity is, it is necessary to understand what the English High Court of Chancery was, and how it came to exercise what is known as its extraordinary jurisdiction. Every true definition of equity must, therefore, be, to a greater or less extent, a history." George T. Bispham, The Principles of Equity 1-2 (Joseph D. McCoy ed., 11th ed. 1931).

Factum infectum ieri nequit

What is done cannot be undone.

Frustra agit quo judicium prosequi nequit cum effectu

A person sues in vain who cannot prosecute his judgment with effect.

Frustra expectatur eventus cujus efectus nullus sequitur

An event is vainly awaited from which no effect follows.

In fictione juris semper aequitas existit.

In a fiction of law there is always equity. 0 A legal fiction is always consistent with equity.

In fictione juris semper subsistit aequitas.

In a legal fiction equity always abides (or prevails).

In omnibus quidem, maxime tamen injure, aequitas spectanda sit

In all affairs indeed, but especially in those that concern the administration of justice, equity should be regarded.

In quo quis delinquit, in eo de jure est puniendus

In whatever matter one offends, in that the person is rightfully to be punished. e Coke refers to forfeiture of the office abused. Co. Litt. 233b.

Judex aequitatem semper spectare debet

A judge ought always to regard equity.

Judex ante oculos aequitatem semper ha. bere debet

A judge ought always to have equi. ty before his eyes.

Jus respicit aequitatem

Law regards equity.

Lex aequitate gaudet

law delights in equity

Lex aequitate gaudet; appetit perfectum; est norma recti

The law delights in equity: it covets perfection; it is a rule of right.

Lex aliquando sequitur aequitatem

The law sometimes follows equity.

Lex fingit ubi subsistit aequitas

Law creates a fiction where equity abides.

Lex respicit aequitatem

Law regards equity

Lex uno ore omnes alloquitur

The law speaks to all with one mouth.

Nemo ex proprio dolo consequitur actionem

No one acquires a right of action from his own wrong (or deception).

Nemo plus commodi haeredi suo relinquit quam ipse habuit

No one leaves a greater asset to his heir than he had himself.

Nihil iniquius quam aequitatem nimis intendere

Nothing is more unjust than to extend equity too far.

Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo ligatum est

Nothing is so consonant with natural equity as that each thing should be dissolved by the same means as it was bound.

Nihil tam conveniens est naturali aequitati quam voluntatem domini volentis rem suam in alium transferre ratam haberi

Nothing is more conformable to natural equity than to confirm the will of an owner who desires to transfer his property to another.

Noxa caput sequitur

The injury follows the head or person.( Liability to make good an injury caused by a slave attaches to the master. Dig. 2.14.7.4.

Omnis conclusio boni et veri judicii sequitur ex bonis et veris praemissis et dictis juratorum

Every conclusion of a good and true judgment follows from good and true premises and the verdicts of jurors.

Optima est lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi

It is the best law that leaves the least to the discretion of the judge; the best judge is he who leaves least to himself.

Optimam esse legem quae minimum relinquit arbitrio judicis; id quod certitudo ejus praestat

The law is the best that leaves the least discretion to the judge; this advantage results from its certainty.

Partus sequitur ventrem

The offspring follows the condition of the mother (literally, the womb).

Prima pars aequitatis aequalitas

The first part of equity is equality.

Proles sequitur sortem paternam

The offspring follows the condition of the father.

Proprietas totius navis carinae causam sequitur

The property of the whole ship follows the condition of the keel.

Prosequitur

[Latin] He follows or pursues; he prosecutes.