Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Gresham's law.
The principle that inferior products or practices tend to displace superior ones. ( This economic principle is popularly attributed to Sir Thomas Gresham (1519-1579), even though earlier writers such as Oresme and Copernicus discussed it earlier.
Sham
n. 1. Something that is not what it seems; a counterfeit. 2. A person .who pretends to be something that he or she is not; a faker. -sham, vb. - sham, adj.
sham affidavit
an affidavit that contradicts clear testimony previously given by the same witness, usu. used in an attempt to create an issue of fact in response to a motion for summary judgment.
sham defense
A fictitious, untrue defense, made in bad faith.2. A defendant's method and strategy in opposing the plaintiff or the prosecution; a doctrine giving rise to such a method or strategy <the lawyer advised her client to adopt a passive defense and to avoid taking the witness stand>.
sham exception
An exception to the Noerr-Pennington doctrine whereby a company that petitions the government will not receive First Amendment protection or an exemption from the antitrust laws if its intent in petitioning the government is really an effort to harm its competitors rather than to obtain favorable governmental action. - Also termed sham petitioning; sham litigation. See NOERR~PENNINGTON DOCTRINE.
sham litigation
See SHAM EXCEPTION,
sham marriage
A marriage in which a U.S. citizen marries a foreign citizen for the sole purpose of allowing the foreign citizen to become a permanent U.S. resident. ( Sham marriages are illegal if made with an intent to circumvent immigration law. - Also termed green-card marriage.
sham petitioning
See SHAM EXCEPTION,
sham plea
See sham pleading under PLEADING
sham pleading
An obviously frivolous or absurd pleading that is made only for purposes of vexation or delay. - Also termed sham plea; false plea.
sham prosecution
A prosecution that seeks to circumvent a defendant's double jeopardy protection by appearing to be prosecuted by another sovereignty, when it is in fact controlled by the sovereignty that already prosecuted the defendant for the same crime. ( A sham prosecution is, in essence, a misuse of the dual-sovereignty rule. Under that rule, a defendant's protection against double-jeopardy does not provide protection against a prosecution by a different sovereignty. For example, if the defendant was first tried in federal court and acquitted, that fact would not forbid the state authorities from prosecuting the defendant in state court. But a sham prosecution - for example, a later state-court prosecution that is completely dominated or manipulated by the federal authorities that already prosecuted the defendant, so that the state-court proceeding is merely a tool of the federal authorities - will not withstand a double jeopardy challenge. See DUAL-SOVEREIGNTY DOCTRINE. 3. The government attorneys who initiate and maintain a criminal action against an accused defendant <the prosecution rests>.
sham transaction
An agreement or exchange that has no independent economic benefit or business purpose and is entered into solely to create a tax advantage (such as a deduction for a business loss). ( The Internal Revenue Service is entitled to ignore the purported tax benefits of a sham transaction.
shame sanction
See SANCTION.
shame sanction.
A criminal sanction designed to stigmatize or disgrace a convicted offender, and often to alert the public about the offender's conviction. 0 A shame sanction usu. publicly associates the offender with the crime that he or she committed. An example is being required to post a sign in one's yard stating, "Convicted Child Molester Lives Here." - Also termed shame sentence; shaming sanction; shaming sentence; scarlet-letter punishment; scarlet-letter sentence. 3. Int'l law. An economic or military coercive measure taken by one or more countries toward another to force it to comply with international law <U.N. sanctions against a renegade nation>.
shaming sentence
See shame sanction under SANCTION.