Legal Dictionary of Pakistan

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

A rescriptis valet argumentum

An argument from rescripts (i.e., original writs in the register) is valid.

Animus hominis est anima scripti.

The intention of the person is the soul of the instrument.

Ascriptitius

n. [latin] roman law. An alien who had been registered and naturalized in the colony where the person resided. - also spelled ascripticius.

Conscription

See DRAFT (21.

Consuetudo et communis assuetudo vincit legem non scriptam, si sit specialis; et interpretatur legem scriptam, si lex sit generalis

Custom and common usage overcome the unwritten law if it is special; and interpret the written law if the law is general.

Consuetudo praescripta et legitima vincit legem

A prescriptive and lawful custom overrides the law.

Contra non valentem agere nulla currit praescriptio

No prescription runs against a person unable to act (or bring an action).

Cum in testamento ambigue aut etiam perperam scriptum, est benigne interpretari, et secundum id quod credible est cogitatum credendum est

When an ambiguous or even an erroneous expression occurs in a will, it should be construed liberally, and in accordance with the testator's probable meaning.

Description

1. A delineation or explanation of something by an account setting forth the subject's characteristics or qualities <description of a patentable process > . 2. A representation by words or drawing of something seen or heard or otherwise experienced <description of the criminal> <description of the accident>. 3. An enumeration or specific identification of something <description of items in the estate. 4. LEGAL DESCRIPTION.

Est autem jus publicum et privatum quod ex naturalibus praeceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur

Public and private law is that which is collected either from natural precepts of the (law of) nations or from civil precepts; and that which in the civil law is called jus is said in the law of England to be right. Co. 1Jtt. 558.

In contractibus, rei veritas potius quam scriptura perspici debet

In contracts, the truth of the matter ought to be regarded rather than the writing.

In traditionibus scriptorum (chartarum) non quod dictum est, sed quod gestum (factum) est, inspicitur

In the delivery of writings (deeds), not what is said but what is done is to be considered.

Inscription

n. 1. The act of entering a fact or name on a list, register, or other record. 2. An entry so recorded. 3. Civil law. An agreement whereby an accuser must, if the accusation is false, receive the same punishment that the accused would have been given if found guilty. - inscribe, vb. - inscriptive, adj.

Inscriptions

[Latin] Hist. Title deeds; written instruments by which rights or interests are granted.

Interruptio multiplex non tollit praescriptionem semel obtentam.

Repeated interruptions do not remove a prescription (or acquisition by long use) once it has been obtained.

Ita lex scripta est

So the law is written.

Lex scripta si cesset, id custodiri oportet quod moribus et consuetudine inductum est, et, si qua in re hoc defecerit, tunc id quod proximum et consequens ei est, et, si id non appareat, tunc jus quo

If the written law fails, that which is drawn from manners and custom ought to be observed; and, if that is in any manner defective, then what is next and consistent with it; and, if that does not appear, then the law that Rome uses should be followed.

Manuscript

An unpublished writing; an author's typescript or written work product that is proposed for publication.

Non solent quae abundant vitiare scripturas

Superfluous expressions do not usually vitiate writings.

Non videtur consensum retinuisse si quis ex praescripto minantis aliquod immutavit

If a person has changed anything at the demand of a party threatening, he is not considered to have maintained his consent.

Oversubscription

A situation in which there are more subscribers to a new issue of securities than there are securities available for purchase.

Praescriptio

n. [Latin] Roman law. 1. A preliminary portion of a formula that defines the scope of action or states an exception or objection to the action. 2. A defensive plea in an action to recover land by which the defendant asserts ownership based on continuous possession for a prescribed time. -Also termed (in sense 2) praescriptio longi temporis. praeses (pree-seez), n. [Latin] 1. Roman law. A governor of a province. 2. The president of a college or university.

Praescriptio est titulus ex usu et tempore substantiam capiens ab auctoritate legis

Prescription is a title derived from usage and time, given substance by the authority of law. Co. Litt. 113.

Praescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modum actionis instituendae

Prescription and execution do not affect the validity of the contract, but affect the time and manner of bringing an action.

Prescription

n 1 The effect of the lapse of time in creating and destroying rights.

Proscription

n. 1. The act of prohibiting; the state of being prohibited. 2. A prohibition or restriction. - proscriptive, adj. Cf. PRESCRIPTION.

Quae in testamento ita runt scripta ut intelligi non possint, perinde sunt ac si scripta non essent

Things that are so written in a will that they cannot be understood are as if they had not been written.

Quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur

What in the civil law (literally, written law) is called jus, in the law of England is said to be rectum (right).

Quum in testamento ambigue aut etiam perperam scriptum est, benigne interpretari et secundum id quod credible est cogitatum, credendum est

When in a will an ambiguous or even an erroneous expression occurs, it should be construed liberally and in accordance with what is thought the probable meaning (of the testator).

Re, verbis, scripto, consensu, traditione, junctura vestes sumere pacta solent

Compacts usually take their clothing from the thing itself, from words, from writings, from consent, from delivery, from the joining together.

Reinscription

n. Civil law. A second or renewed recordation of a mortgage or other title document. - reinscribe, vb.

Scrip

1. A document that entitles the holder to receive something of value. 2. Paper money issued for temporary use.

Script

1. An original or principal writing. 2. Handwriting.

Scriptae obligationes scriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur

Written obligations are undone by writing, and the obligation of mere consent (or naked agreement) is dissolved by a bare consent to the contrary.

Secta quae scripto nititur a scripto variari non debet

A suit that relies upon a writing ought not to vary from the writing.

Semper in dubiis id agendum est, ut quam tutissimo loco res sit bona fide contracts, nisi quum aperte contra leges scriptum est

Always in doubtful cases that is to be done by which a bona fide contract may be in the safest condition, except when it has been drawn up clearly contrary to law.

Si plures conditiones ascriptae fuerunt donationi conjunctim, omnibus est parendum; et ad veritatem copulative requiritur quod utraque pars sit vera, si divisim, quilibet vel alteri eorum satis est ob

If several conditions are conjunctively written in a gift, the whole of them must be complied with; and with respect to their truth, it is necessary that every part be true, taken jointly: if the conditions are separate, it is sufficient to comply with either one or the other of them; and being disjunctive, that one or the other be true.

Subscriptio

n. [Latin] Roman law. 1. A signature, esp. a name written under or at the bottom of a document to authenticate it. 2. A signature to a will, required in certain cases in addition to the seals of witnesses.

Subscription

n. 1. The act of signing one's name on a document; the signature so affixed. 2. Securities. A written contract to purchase newly issued shares of stock or bonds. - Also termed (in connection with stock) stock subscription. 3. An oral or a written agreement to contribute a sum of money or property, gratuitously or with consideration, to a specific person or for a specific purpose. - Also termed (insense 3) subscription contract. - subscribe, ub. - subscriber, n.

Tantum concessum quantum scriptum

So much is granted as is written.

Tantum praescriptum quantum possessum

There is only prescription insofar as there has been possession.

Transcript

n. A handwritten, printed, or typed copy of testimony given orally; esp., the official record of proceedings in a trial or hearing, as taken down by a court reporter. - Also termed report of proceedings; reporter's record.

Transcription

1. The act or process of transcribing. 2. Something transcribed; a transcript.

Voluntas facit guod in testamento scripture valeat

Tho will (of the tesator) gives validity to what is written in the will

Vox emissa volat;litera scripta manet

The uttered voice files the written letter remains.

acquisitive prescription.

See PRESCRIPTION (2).

adscripti glebae

n. [latin "(tenants) tied to the soil"] roman law. tenants or serfs bound to the land. (if the land was conveyed, the serfs were conveyed along with it. - also termed glebae ascriptitii.

adscriptitius

[latin] roman law. 1. a supernumerary soldier. 2. a tenant bound to the land. - also spelled ascripticius.

adscriptus

adj. [latin] roman law. added, annexed, or bound by or in writing; enrolled or registered; generally bound, as in seruus colonae adscriptus (a tenant bound to an estate as a cultivator) or fundus adscriptus (an estate bound to or burdened with a duty).

common descriptive name

See GENERIC NAME.