Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Separate
adj. (Of liability, cause of action, etc.) individual; distinct; particular; disconnected.
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.
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.
sole and separate use
See entire use under USE (4).