Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Aliud est distinctio, aliud separatio
Disitiction is one thing, separation another.
Annua nec debitum judex non separat ipse.
Even the judge apportions neither annuities nor debt.
Electio est interna libera et spontanea separatio unius rei ab alia, sine compulsione, consistens in animo et voluntate
Election is an internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will.
Jura ecclesiastica limitata sunt infra limites separatos
Ecclesiastical laws are limited within separate bounds.
Minor septemdecim annis non admittitur fore executorem
A person under 17 years of age is not admitted to be an executor.
Quae cohaerent personae a persona separari nequeunt
Things that belong to the person cannot be separated from the person.
SEP
See simplified employee pension plan under EMPLOYEE BENEFIT PLAN.
Separable
adj. Capable of being separated or divided <a separable controversy>.
Separate
adj. (Of liability, cause of action, etc.) individual; distinct; particular; disconnected.
Separation
1. An arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent or by judicial decree; the act of carrying out such an arrangement. - Also termed legal separation; judicial separation. 2. The status of a husband and wife having begun such an arrangement, or the judgment or contract that brought the arrangement about. 3. Cessation of a contractual relationship, esp. in an employment situation. - separate, ub.
beneicium separationis
[Latin "privilege of separation"] Roman law. The right of a creditor of the deceased to have the property of the deceased separated from an heir's property. This separation protected the deceased's creditors by ensuring that the deceased's property was not used to pay the heir's creditors.
deed of separation
An instrument governing a spouse's separation and maintenance.
fructus separati
[Latin "separated fruits"] Roman & civil law. The produce of a thing after being separated from it, and so becoming in law "fruits."
in separali
adv. & adj. [Law Latin] In several; in severalty.
judicial separation
See SEPARATION (1).
legal separation
See SEPARATION (1)
living separate and apart
(Of spouses) residing in different places and having no intention of resuming marital relations. ( One basis for no-fault divorce in many states exists if the spouses have lived apart for a specified period.
separability clause
See severable contract under CONTRACT.
separable controversy
A claim that is separate and independent from the other claims being asserted in a suit. ( This term is most often associated with the statute that permits an entire case to be removed to federal court if one of the claims, being separate and independent from the others, presents a federal question that is within the jurisdiction of the federal courts. 28 USCA ยง 1441(c).
separaliter
[Latin] Hist. Separately. ( This term was formerly used in an indictment to emphasize that multiple defendants were being charged with separate offenses, when it appeared from the general language of the indictment that the defendants were jointly charged.
separate action
1. An action brought alone by each of several complainants who are all involved in the same transaction but cannot legally join the suit. 2. One of several distinct actions brought by a single plaintiff against each of two or more parties who are all liable to a plaintiff with respect to the same subject matter. - Also termed several action.
separate and apart
(Of a husband and wife) living away from each other, along with at least one spouse's intent to dissolve the marriage.
separate caucus
A confidential mediation session that a mediator holds with an individual party to elicit settlement offers and demands. a When separate caucuses are used, the mediator typically shuttles between the two (or more) sides of a dispute to communicate offers and demands.
separate count
One of two or more criminal charges contained in one indictment, each charge constituting a separate indictment for which the accused may be tried.
separate covenant
See several covenant under COVENANT (1).
separate demise
In an ejectment action, a demise made solely by the lessor.
separate estate
The individual property of one of two persons who stand in a marital or business relationship. See SEPARATE PROPERTY.
separate examination
1. The private interrogation of a witness, apart from the other witnesses in the same case. 2. The interrogation of a wife outside the presence of her husband by a court clerk or notary for the purpose of acknowledging a deed or other instrument. ( This was done to ensure that the wife signed without being coerced to do so by her husband.
separate maintenance
Money paid by one married person to another for support if they are no longer living as husband and wife. ( This type of maintenance is often mandated by a court order. - Also termed separate support. 6. Assistance in prosecuting or defending a lawsuit given to a litigant by someone who has no bona fide interest in the case; meddling in someone else's litigation. Cf. CHAMPERTY.
separate offense
See OFFENSE (1).
separate property
See SEPARATE PROPERTY.
separate return
A return filed by each spouse separately, showing income and liability. ( Unlike with a joint return, each spouse is individually liable only for taxes due on the separate return.
separate support
See separate maintenance under MAINTENANCE.
separate trading of registered interest and principal of securities
A treasury security by which the owner receives either principal or interest, but usu. not both. - Abbr. STRIP. separate trial See TRIAL.
separate trial
1. Criminal procedure. The individual trial of each of several persons jointly accused of a crime. Fed. R. Crim. P. 14. 2. Civil procedure. Within a single action, a distinct trial of a separate claim or issue -or of a group of claims or issues - ordered by the trial judge, usu. to conserve resources or avoid prejudice. Fed. R. Civ. P. 42(b). Cf. sEvERANCE.
separate-but-equal doctrine
The now-defunct doctrine that African-Americans could be segregated if they were provided with equal opportunities and facilities in education, public transportation, and jobs. ( This rule was established in Plessy u. Ferguson, 163 U.S. 537, 16 S.Ct. 1138 (1896), and overturned in Brown u. Board of Education, 347 U.S. 483, 74 S.Ct. 686 (1954).
separate-sovereigns rule
Criminal procedure. The principle that a person may be tried twice for the same offense - despite the Double Jeopardy Clause - if the prosecutions are conducted by separate sovereigns, as by the federal government and a state government or by two different states. See DOUBLE JEOPARDY.
separatim
[Latin] Hist. Severally. ( This term referred to the formation of several covenants in a deed.
separation a mensa et thoro
See divorce a mensa et thoro under DIVORCE.
separation agreement
An agreement between spouses in the process of a divorce or legal separation concerning alimony, property division, child custody and support, and the like. -Also termed separation order (if approved or sanctioned judicially).
separation from bed and board
See divorce a mensa et thoro under DIVORCE.
separation of patrimony
Civil law. The act of providing creditors of a succession the right to collect against the class of estate property from which the creditors should be paid, by separating certain succession property from property rights belonging to the heirs.
separation of powers
The division of governmental authority into three branches of government - legislative, executive, and judicial -each with specified duties on which neither of the other branches can encroach; the constitutional doctrine of checks and balances by which the people are protected against tyranny. Cf. DIVISION OF POWERS.
separation of witnesses
The exclusion of witnesses (other than the plaintiff and defendant) from the courtroom to prevent them from hearing the testimony of others.
separation order
See SEPARATION AGREEMENT,
separation pay.
See SEVERANCE PAY.
sole and separate use
See entire use under USE (4).