Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Arkansas rule
secured transactions. The principle that the collateral securing a loan is presumed to be worth at least as much as the loan's balance, and that the creditor has the burden to prove that a sale of the collateral would not satisfy the loan amount. Norton v. National bank of commerce, 398 s.w.2d 538 ark. 1966)
Ashwander rules
a set of principles outlining the u.s. supreme court's policy of deciding constitutional questions only when necessary, and of avoiding a constitutional question if the case can be decided on the basis of another issue. ( these rules were outlined in justice brandeis's concurring opinion in ashwander u. Tennessee valley authority, 297 u.s. 288, 56 s.ct. 466 (1936). They include the policy that the court should not decide a constitutional question in a friendly suit, should not anticipate a question of constitutional law, should not create a rule of constitutional law that is broader than that called for by the facts of the case, should not decide a constitutional issue if the case can be decided on another ground, should not rule on the constitutionality of a statute unless the plaintiff is harmed by the statute or if the plaintiff has accepted the benefits of the statute, and should not rule on the constitutionality of an act of congress without first analyzing whether the act can be fairly construed in a way that would avoid the constitutional question. - also termed brandeis rules.
At-risk rules
n. Pl. Statutory limitations of a taxpayer's deductible losses to the amount the taxpayer could actually lose, to prevent the taxpayer from sheltering income. Ats. Abbr. At the suit of.
Attorney-witness rule.
see lawyer-witness rule.
Bank-statement rule
commercial law. Principle that if a bank customer fails to examine a bank statement within a reasonable time (usu. No more than a year for a forged drawer's signature or alteration, and no more than three years for a forged indorsement), the customer is precluded from complaining about a forgery or material alteration. Ucc § 4-406.
Baron parke's rule.
see golden rule.
Berry rule.
The doctrine that a defendant seeking a new trial on grounds of newly discovered evidence must show that (1) the evidence is newly discovered and was unknown to the defendant at the time of trial; (2) the evidence is material rather than merely cumulative or impeaching; (3
Brandeis rules
See ASHWANDER RULES.
Calandra rule
The doctrine that a grand jury witness may be compelled to answer questions about . certain items, even though the items were obtained by the police illegally. United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613 (1974).
Cohan rule
Tax. A former rule that a taxpayer may approximate travel and entertainment expenses where no records exist if the taxpayer has taken all possible steps to provide documentation. ( Since 1962, travel and entertainment expenses have been only partly deductible and must be carefully documented, but courts may apply the Cohan reasoning to other items. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930).
Dillon's rule
The doctrine that a unit of local government may exercise only those powers that the state expressly grants to it, the powers necessarily and fairly implied from that grant, and the powers that are indispensable to the existence of the unit of local government. ( For the origins of this rule, see 1 John F. Dillon, The Law of Municipal Corporations § 89, at 115 (3d ed. 1881).
Durham rule
Criminal lain. A test for the insanity defense, holding that a defendant is not criminally responsible for an act that was the product of mental disease or defect (Durham u. United States, 214 F.2d 862 (D.C. Cir. 1954)). 0 Formerly used in New Hampshire and the District of Columbia, the Durham rule has been criticized as being too broad and is no longer accepted in any American jurisdiction. - Also termed product test. See INSANITY DEFENSE.
Durrett rule
Bankruptcy. The principle that a transfer of property in exchange for less than 70% of the property's value should be invalidated as a preferential transfer. Durrett u. Washington Natl Ins. Co., 621 F.2d 201 (5th Cir. 1980); 11 USCA § 548. 0 This rule has been applied most frequently to foreclosure sales. But it has essentially been overruled by the U.S. Supreme Court, which has held that, at least for mortgage foreclosure sales, the price received at a regularly conducted, noncollusive sale represents a reasonably equivalent value of the property, and the transfer is presumed valid. BFP u. Resolution Trust Corp., 511 U.S. 531, 114 S.Ct. 1757 (1994).
Enelow-Ettelson rule
The defunct doctrine that an order staying federalcourt proceedings pending the determination of an equitable defense (such as arbitration) is . i i injunction appealable under 28 US( , § 1292(a)(1) if the proceeding stayed was action that could have been maintained as :zip action at law before the merger of law arid equity. Enelow v. New York Life Ins. Co., z:~:; U.S. 379, 55 S.Ct. 310 (1935); Ettelson u. Met, opolitan Life Ins. ('o., 317 U.S. 188, 63 S Ct 163 (1942.
English rule
The requirement that a losing litigant must pay the winner's costs and attorney's fees. - Also termed loser-pays rule. Cf. AMERICAN RULE.
Escobedo rule
Criminal procedure. The principle that a statement by an unindicted, targeted suspect in police custody is inadmissible at trial unless the police warn the suspect of the right to remain silent and provide an opportunity for the suspect to consult with retained or appointed counsel: ( This rule was a precursor to the Miranda rule. Escobedo u. Illinois, 378 U.S. 478, 84 S.Ct. 1758 (1964). See MIRANDA RULE.
Federal Rules Act
A 1934 statute granting the U.S. Supreme Court the authority to adopt rules of civil procedure for federal courts. ( For the rulemaking power of federal courts today, see 28 USCA §§ 2071, 2072.
Federal Rules Decisions
See F.R.D.
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.
Federal Rules of Evidence
The rules governing the admissibility of evidence at trials in federal courts. - Abbr. Fed. R. Evid.; FRE.
Great Lakes rule.
Maritime law. The principle that an admiralty litigant is entitled to a jury trial in a contract or tort action if the lawsuit arises on waters that span more than one state. See 28 USCA § 1873.
Hadley v. Baxendale rule
"The rationale of the decision appears in Baron Alderson's noted statement of what came to be known as the two rules of Hadley v. Baxendale. The first rule was that the injured party may recover damages for loss that 'may fairly and reasonably be considered [as] arising naturally, i.e., according to the usual course of things ....' The second and more significant rule went to recovery of what have come to be known as 'consequential' damages . .. . By introducing this requirement of 'contemplation' for the recovery of consequential damages, the court imposed an important new limitation on the scope of recovery that juries could allow for breach of contract. The result was to impose a more severe limitation on the recovery of damages for breach of contract than that applicable to actions in tort or for breach of warranty, in. which substantial or proximate cause is the test." E. Allan Farnsworth, Contructs § 12.14, at 874-75 (1982)
Heydon's case, rule in.
See MISCHIEF RULE.
Hilary Rules.
Hist. A collection of English pleading rules designed to ease the strict pleading requirements of the special-pleading system, esp. by limiting the scope of the general issue in the formed actions and by forcing the defendant to set up affirmatively all matters other than a denial of the breach of duty or of the wrongful act. * Promulgated in England in the 1834 Hilary Term, these rules followed an 1828 initiative to examine procedural laws and other subjects and to report to Parliament changes that might be enacted. The rules had the unintended effect of extending the reach of strict-pleading requirements into new areas of law. Widespread dissatisfaction with the Hilary Rules led to the liberalization of the pleading system under the 1873-1875 Judicature Acts. - Formerly also termed New Rules
Lamb-Weston rule
Insurance. The doctrine that, when two insurance policies provide coverage for a loss, and each of them contains an other-insurance clause - creating a conflict in the order or apportionment of coverage - both of the other-insurance clauses will be disregarded and liability will be prorated between the insurers. Lamb-Weston, Inc. u. Oregon Auto. Ins. Co., 341 P.2d 110 (Or. 1959).
Larrison rule
Criminal law. The doctrine that a defendant may be entitled to a new trial on the basis of newly discovered evidence of false testimony by a government witness if the jury might have reached a different conclusion without the evidence and it unfairly surprised the defendant at trial. Larrison u. United States, 24 F.2d 82 (7th Cir. 1928). "The most usual rule in cases in which it is claimed that there was false testimony at the trial or that the witness has since recanted is the 'Larrison rule,' taking its name from the Seventh Circuit case in which it was announced. This is that three requirements must be met before a new trial will be granted on this ground: '(a) [That the] the court is reasonably well satisfied that the testimony given by a material witness [was] false. (b) That without it the jury might have reached a different conclusion. (c) That the party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it for it did not know of its falsity until after the trial.'" 3 Charles Alan Wright, Federal Practice and Procedure § 557.1, at 343 (2d ed. 1982) (quoting Larrison, 24 F.2d at 87-88).
Le ley est le plus haut enheritance que le roy ad, car par le ley, il mesme et touts ses sujets sont rules, et si le ley ne fuit, nul roy ne nul enheritance serra
The law is the highest inheritance that the king possesses; for by the law both he and all his subjects are ruled; and if there were no law, there would be neither king nor inheritance.
Lord Mansfield's rule
The principle that neither spouse may testify about whether the husband had access to the wife at the time of a child's conception. a In effect, this rule -which has been abandoned by many states -made it impossible to bastardize a child born during a marriage.
Lord Tenterden's rule
See EJUSDEM GENERIS,
M'Naghten rules
See MCNAGHTEN RULES.
M'Naughten rules.
See MCNAGHTEN RULES.
Mansfield rule
The doctrine that a juror's testimony or affidavit about juror misconduct may not be used to challenge the verdict. This Mansfield rule is intended to ensure that jurors are heard through their verdict, not through their postverdict testimony. In practice, the rule lessens the possibility that losing parties will seek to penetrate the secrets of the jury room. The rule was first announced in Vaise v. Delaval, 99 Eng. Rep. 944 (K.B. 1785), in an opinion by William Murray, first Earl of Mansfield, the Lord Chief Justice of the Court of King's Bench.
Marks rule
The doctrine that, when the U.S. Supreme Court issues a fractured, plurality opinion, the opinion of the Justices concurring in the judgment on the narrowest grounds -that is, the legal standard with which a majority of the Court would agree - is considered the Court's holding. Marks v. United States, 430 U.S. 188, 97 S.Ct. 990 (1977).
McNabb-Mallory rule
Criminal procedure. The doctrine that a confession is inadmissible if obtained during an unreasonably long detention period between arrest and a preliminary hearing. ( Because of the broader protections afforded under the Miranda rule, the McNabbMallory rule is rarely applied in modern cases. - Often shortened to Mallory rule. McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608 (1943); Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356 (1957).
McNaghten rules
Criminal law. The doctrine that a person is not criminally responsible for an act when a mental disability prevented the person from knowing either (1) the nature and quality of the act, or (2) whether the act was right or wrong. & The federal courts and most states have adopted this test in some form. McNaghten's Case, 8 Eng. Rep. 718 (H.L. 1843). - Also spelled McNaughten rules; M'Naghten rules; M'Naughten rules. - Also termed right-andwrong test; right-wrong test. See INSANITY DEFENSE. "Four points stand out and should be understood whenever reference to M'Naghten is made other than in regard to procedure. (1) It applies only in case of 'a defect of reason, from disease of the mind' and without this the following do not apply except that 'disease' as so used will be interpreted to include congenital defect or traumatic injury. (2) If, because of this 'defect of reason,' the defendant did not know what he was doing he is not guilty of crime. (3) Even if the defendant knew what he was doing he is not guilty of crime if, because of this 'defect of reason,' he did not know he was doing wrong. (4) If the defendant acted under an insane delusion, and was not otherwise insane, his accountability to the crimi- nal law is the same as if the facts were as they seemed to him to be." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 959-60 (3d ed. 1982).
Midwest Piping rule
Labor law. The doctrine that an employer may not recognize multiple unions during a period in which there are conflicting claims of representation. Midwest Piping & Supply Co., 63 NLRB Dec. (CCH) 1060 (1945).
Mike O'Connor rule
Labor law. The doctrine that unilateral changes that an employer makes after a union victory in an initial-representation election - but before the employer's objections have been resolved - are automatic violations of the National Labor Relations Act if the employer's objections are rejected. ( If the employer's objections are sustained, any failure-to-bargain charge will be dismissed because the employer had no duty to bargain. But if the employer's objections are rejected, the employer is considered to have been under a duty to bargain as of the date of the election, which is why the unilateral changes are automatic violations of the Act. Mike O'Connor Chevrolet-Buick-GMC Co., 209 NLRB Dec. (CCH) 701 (1974).
Military Rules of Evidence.
The rules of evidence applicable to military law and courtsmartial. - Abbr. MRE.
Miranda rule
The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. ( The suspect must be warned of the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if the suspect cannot afford one. If the suspect is not advised of these rights or does not validly waive them, any evidence obtained during the interrogation cannot be used against the suspect at trial. Miranda u. Arizona, 384 U.S. 436, 86 S.Ct. 1602 (1966).
Model Rules of Professional Conduct.
A set of ethical guidelines for lawyers, organized in the form of 52 rules - some mandatory, some discretionary - together with explanatory comments. ( Published by the ABA in 1983, these rules have generally replaced the Model Code of Professional Responsibility and have been adopted as law by many states.
New York Times rule
A commonsense rule of ethical conduct holding that one should not do anything arguably newsworthy - in public or in private - that one would mind having reported on the front page of a major newspaper. ( In various communities, a local newspaper is substituted for the Times. - Also termed New York Times test; New York Times v. Sullivan rule. See actual malice under MALICE.
Overrule
ub. 1. To rule against; to reject <the judge overruled all of the defendant's objections. 2. (Of a court) to overturn or set aside (a precedent) by expressly deciding that it should no longer be controlling law <in Brown u. Board of Education, the Supreme Court overruled Plessy u. Ferguson>. Cf. VACATE (1). "If a decision is not a recent one, and especially if it seems to be very poor, it should not be relied upon without ascertaining whether it may not have been expressly or impliedly overruled by some subsequent one; that is, whether the court may not have laid down a contrary principle in a later case." Frank Hall Childs, Where and How to Find the Law 94 (1922) "Overruling is an act of superior jurisdiction. A precedent overruled is definitely and formally deprived of all authority. It becomes null and void, like a repealed statute, and a new principle is authoritatively substituted for the old." John Salmond, Jurisprudence 189 (Glanville L. Williams ed., 10th ed. 1947).
Palsgraf rule
Torts. The principle that negligent conduct resulting in injury will lead to liability only if the actor could have reasonably foreseen that the conduct would injure the victim. ( In Palsgraf u. Long Island R.R., 248 N.Y. 339, 162 N.E. 99 (1928), two railroad attendants negligently dislodged a package of fireworks from a man they were helping board a train. The package exploded on impact and knocked over some scales that fell on Mrs. Palsgraf. The New, York Court of Appeals, in a 4-3 majority opinion written by Chief Justice Benjamin Cardozo, held that the attendants could not have foreseen the possibility of injury to Palsgraf and therefore did not breach any duty to her. In the dissenting opinion, Justice William S. Andrews asserted that the duty to exercise care is owed to all, and thus a negligent act will subject the actor to liability to all persons proximately harmed by it, whether foreseeable or not. Both opinions have been widely cited to support the two views expressed in them.
Pennoyer rule
The principle that a court may not issue a personal judgment against a defendant over which it has no personal jurisdiction pennoter u. Neff, 95 us. 714 (1877)
Pennsylvania rule
tortas the principle that a tortfeasor who violates a statute in the process of causing an injury has the burden of showing that the violation did not cause the injury.
Pinkerton rule
C.'rimrnal laic. The doctrine imposing liability on a conspirator for all offenses committed in furtherance of the conspiracy, even if those offenses are actually performed by coconspirators. Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180 (1946).
Pyramiding inferences, rule against
Evidence. A rule prohibiting a fact-finder from piling one inference on another to arrive at a conclusion. ( Today this rule is followed in only a few jurisdictions. Cf. REASONABLE-INFERENCE RULE.