Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Aliud est possidere, aliud esse in pos,essione
It is one thing to possess, another to be in possession-
Bargain theory of consideration.
the theory that a promise in exchange for a promise is sufficient consideration for a contract. ( this theory underlies all bilateral contracts. See bilateral contract under contract. "we saw earlier that classical contract theory tended to associate the doctrine of consideration with the concept of bargain. The emphasis of classical law shifted away from actual benefits and detriments to the mutual promises which constitute a wholly executory contract. American lawyers developed from this trend a bargain theory of consideration' and similarly in english law a more modern basis for the doctrine of consideration was found by some lawyers in the notion that a contract is a bargain in which the consideration is the price of the bargain. Allied to this price' of the bargain." p.s. atiyah, an introduction to the law of contract 119 (3d ed. 1981)
Consideration
n. 1. Something of value (such as an act, a forbearance, or a return promise) received by a promisor from a promisee. Consideration, or a substitute such as promissory estoppel, is necessary for an agreement to be enforceable 2 Hist a court judgement also termed (in Roman law)consideration "A 'consideration' has been explained to be 'any act of the plaintiff from which the defendant, or a stranger, derives a benefit or advantage, or any labour, detriment, or inconvenience sustained by the plaintiff, however small the detriment or inconvenience may be, if such act is performed, or inconvenience suffered by the plaintiff with the assent, express or implied, of the defendant, or, in the language of pleading, at the special instance and request of the defendant'." Thomas E. Holland, The Elements ofJurisprudence 286 (13th ed. 1924).
Court for Consideration of Crown Cases Reserved
Hist. A court established in 1848 to review questions of law arising in criminal cases. 9 Trial judges posed the postverdict questions of law to the Court, which decided whether error had been committed. The Court was abolished in 1907, and its jurisdiction was transferred to the Court of Criminal Appeal. -Also termed Court for Crown Cases Reserved . "It was an old practice for the judge, in case of a conviction, if he felt a doubt as to the law, to respite judgment or sentence, and discuss the matter informally with the other judges. If they thought that the prisoner had been improperly convicted, he was pardoned. Statutory authority was given to this practice in 1848 by the establishment of the court for Crown Cases Reserved. All the judges were members of this court; and five, of whom the Lord Chief Justice must be one, formed a quorum." 1 William Holdsworth, A History of English Law 217 (7th ed. 1956).
Cum de lucro duorum quaeritur melior est causa possidentis
When there is a question of gain between two people, the cause of the, possessor is the better.
Currit tempus contra desides et sui juris contemptores
Time runs against the indolent and those who are not mindful of their rights.
Donator nunquam desinit possidere antequam donatarius incipiat possidere
A donor never ceases to have possession until the donee obtains possession.
Downside
Securities. A period of declining stock prices.
Duo non possunt in solido unanx rent possidere
Two cannot possess one thing; each ire entirety.
In aequali jure melior est conditio possidentis.
When the parties have equal rights, the condition of the possessor is the better.
In consuetudinibus non diuturnitas temporis sed soliditas rationis est consideranda.
In customs, not length of time but the soundness of the reason should be considered.
In pari causa potior est conditio possidentis
When two parties have equal claims, the position of the possessor is the stronger.
In pari delicto melior est conditio possidentis
When both parties are equally at fault, the position of the possessor is the better.
Insider
1. Securities. A person who has knowledge of facts not available to the general public.
Longa possessio parit jus possidendi et tollit actionem vero domino
Long possession produces the right of possession and deprives the true owner of his action.
Lord President
The highest judicial officer in Scotland, and head of the Court of Session. e The Lord President also holds the office of Lord Justice General of Scotland.
Melior est causa possidentis
The cause of the possessor is preferable.
Melior est conditio possidentis et rei quam actoris
Better is the condition of the possessor, and that of the defendant (is better) than that of the plaintiff.
Melior est conditio possidentis, ubi neuter jus habet
Better is the condition of the possessor where neither of the two has the right.
Nihil praescribitur nisi quod possidetur
There is no prescription for what is not possessed.
Non solum quid licet sed quid est conveniens considerandum, quia nihil quod inconveniens est licitum
Not only what is permitted but what is proper is to be considered, because nothing improper is lawful.
Nonresidence
n. 1. Eccles. law. The absence of a spiritual person from the rectory (benefice). This was normally an offense punishable by sequestering the benefice and forfeiting part of its income. 2. The status of living outside the limits of a particular place.
Nonresident
n. One who does not live within the jurisdiction in question. - Abbr. n.r. -nonresident adj.
Persona est homo cum statu quodam consideratus
A person is a human being considered with reference to a certain status.
Potior est conditio possidentis
Stronger is the condition of the possessor.
Preside
ub. 1. To occupy the place of authority, esp. as a judge during a hearing or trial <preside over the proceedings>. 2. To exercise management or control <preside over the estate>.
President
n. 1. The chief political executive of a government; the head of state. 2. The chief executive officer of a corporation or other organization. - presidential, adj. presidential elector See ELECTOR.
President of the United States
The highest executive officer of the federal government of the United States. ( The President is elected to a four-year term by a majority of the presidential electors chosen by popular vote from the states. The President must be a natural citizen, must be at least 35 years old, and must have been a resident for 14 years within the United States. U.S. Const. art. II, § 1.
Presidential message
A communication from the President to the U.S. Congress on matters pertaining to the state of the union, esp. of matters requiring legislative consideration. U.S. Const. art. II, § 3. - Also termed State of the Union.
Pro possessore habetur qui dolo injuriave desiit possidere
A person is considered a possessor who has ceased possession through fraud or injury.
Quando diversi desiderantur actus ad aliquem statum perficiendum, plus respicit lex actum originalem
When different acts are required to the formation of any estate, the law chiefly regards the original act.
Quum de lucro duorum quaeratur, melior est conditio possidentis
When there is a question of gain (to one) of two parties, the condition of the possessor is the better.
Residence
1. The act or fact of living in a given place for some time <a year's residence in New Jersey>. 2. The place where one actually lives, as distinguished from a domicile < she made her residence in Oregon>. ( Residence usu. just means bodily presence as an inhabitant in a given place; domicile usu. requires bodily presence plus an intention to make the place one's home. A person thus may have more than one residence at a time but only one domicile. Sometimes, though, the two terms are used synonymously. Cf. DOMICILE. 3. The place where a corporation or other enterprise does business or is registered to do business <Pantheon Inc.'s principal residence is in Delaware. 4. A house or other fixed abode; a dwelling <a three-story residence>.
Residency
1. A place of residence, esp. an official one <the diplomat's residency>. 2. The fact or condition of living in a given place <one year's residency to be eligible for in-state tuition
Resident
n. A person who has a residence in a particular place. ( A resident is not necessarily either a citizen or a domiciliary. Cf. CITIZEN; DOMICILIARY.
Side
n. 1. The position of a person or group opposing another <the law is on our side>. 2. Either of two parties in a transaction or dispute <both sides put on a strong case>. 3. Archaic. The field of a court's jurisdiction <equity side> <law side>.
Sidebar
1. A position at the side of a judge's bench where counsel can confer with the judge beyond the jury's earshot <the judge called the attorneys to sidebar>. 2. SIDEBAR CONFERENCE <during the sidebar, the prosecutor accused the defense attorney of misconduct>. 3. A short, secondary article within or accompanying a main story in a publication <the sidebar contained information on related topics>.
Sidenote
See MARGINAL NOTE.
Tempus enim modus tollendi obligationes et actiones, quia tempus currit contra Besides et sui juris contemptores
For time is a means of destroying obligations and actions, because time runs against those who are inactive and show little respect for their own rights.
Titulus est justa causa possidendi id quod nostrum est
Title is the just cause of possessing that which is ours.
ad audiendam considerationem curiae
vb. [Law Latin] To hear the judgment of the court.
additional-consideration rule.
Employment law. An exception to the employment-at-will principle, whereby an employee who does not have a written contract but who undertakes substantial hardship in addition to the normal job duties - as by relocating to a different city based on oral assurances of job security - can maintain a breach-of-contract claim if the employer does not fulfill its agreement.
adequate consideration
Consideration that is fair and reasonable under the circumstances of the agreement. Cf. sufficient consideration.
and other good and valuable consideration
See other consideration.
animus possidendi
[latin] roman law. the intent to possess a thing. cf. animus domini.
broadside objection
See OBJECTION.
concurrent consideration
Consideration arising at the same time as other consideration, or where the promises are simultaneous.
consideration, failure of
See FAILURE OF CONSIDERATION.
consideration, want of
See WANT OF CONSIDERATION.
consideratum est per curiam
[Latin] Hist. It is considered by the court. ( This was the formal language preceding the judgment of a commonlaw court. Cf. IDEO CONSIDERATUM EST.