Legal Dictionary of Pakistan

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

Abbreviationum ille numerus et sensus accipiendus est ut concessio non sit inanis

Such number and sense is to be given to abbreviations that the grant may not be void.

Absoluta sententia expositore non indiget

A simple proposition needs no expositor.

Actio non facit reum, nisi mens sit rea

An act does not make a person guilty unless the mind is guilty. 0 Properly, Actus non reum (q.v.).

Actus non reum facit nisi mens sit rea

An act does not make a person guilty unless his mind (or intention) is guilty. 3 Co. Inst. 54; 107.

Aequior est dispositio legis quam hominis

The law's disposition is more impartial than man's.

Asset acquisition

acquisition of a corporation by purchasing all its assets directly from the corporation itself, rather than by purchasing shares from its shareholders. - also termed asset purchase. Cf. Share acquisition.

Assumpsit

[law latin "he undertook"] i. An express or implied promise, not under seal, by which one person undertakes to do some act or pay something to another <an assumpsit to pay a debt>. 2. A common-law action for breach of such a promise or for breach of a contract <the creditor's assumpsit against the debtor>.

Aural acquisition

criminal law. Under the federal wiretapping act, hearing or tape-recording a communication, as opposed to tracing its origin or destination. 18 usca § 2510(4).

Benedicta est expositio quando res redimitur a destructione

Blessed is the exposition when a thing is saved from destruction.

Bonum necessarium extra terminos necessitates non est bonum

A thing good from necessity is not good beyond the limits of the necessity.

Casus omissus et oblivioni datus dispositions communis juris relinquitur

A case omitted and forgotten (not provided for in statute) is left to the disposal of the common law.

Chartarum super fidem, mortuis testibus, ad patriam de necessitudine recurrendum est

(A dispute) regarding the veracity of deeds, with the witnesses dead, must necessarily be referred to the country (or jury).

Clausula vel dispositio inutilis per praesumptionem remotam vel causam ex post facto non fulcitur

A useless clause or disposition is not supported by a remote presumption or by a cause arising afterwards. ( A useless clause or disposition is one that expresses no more than the law by intendment would have supplied; it is not supported by a remote presumption or foreign intendment of some purpose, in regard whereof it might be material, or by a cause arising afterwards that may induce an operation of those idle words.

Commenda, est facultas recipiendi et retinendi beneficium contra jus positivum a suprema potestate

A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority.

Conatus quid sit non definitur injure

What an attempt is, is not defined in law.

Conquisitio

[Latin "search"] See CONQUEST (2). - Also termed conquisition.

Conquisitor

[Latin )ne who searches"] See CONQUEROR (1).

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 ex certa causa rationabili usitata privat communem legem.

Custom observed by reason of a certain and reasonable cause supersedes the common law.

Consuetudo, licet sit magnae auctoritatis, nunquam tamen praejudicat manifestae veritati.

A custom, even if it is of great authority, is never prejudicial to plain truth.

Contemporanea expositio est optima et fortissima in lege

A contemporaneous exposition is the best and most powerful in the law. ( A statute is best explained by following the construction put upon it by judges who lived at the time it was made, or soon after.

Court of the Lord High Steward of the Universities

Hist. A court convened to try scholars, esp. Oxford or Cambridge students, who have been indicted for treason, felony, or mayhem.

Cursitor

Hist. A chancery clerk responsible for making out original writs. 0 Cursator derives from the writs de cursu that the clerks wrote out.

De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti

The good faith and honesty of purpose of a judge cannot be questioned, but his knowledge may be impugned if there is an error either of law or of fact.

Deposit

n. 1. The act of giving money or other property to another who promises to preserve it or to use it and return it in kind; esp., the act of placing money in a bank for safety and convenience. 2. The money or property so given.

Depositary

1. A person or institution that one leaves money or valuables with for safekeeping <a title-insurance officer is the depositary of the funds>. 9 When a depositary is a company, it is often termed a safe-deposit company. Cf. DEPOSITORY. 2. A gratuitous bailee. See DEPOSIT (6).

Depositary bank

the first bank to which an item is transferred for collection. Ucc § 4-105(2).

Depositor

n. One who makes a deposit. See DEPOSIT.

Depository Trust Corporation

The principal central clearing agency for securities transactions on the public markets. - Abbr. DTC.

Discretio est discernere per legem quid sit justum

Discretion is to discern through law what is just.

Discretio est scire per legem quid sit justum.

Discretion consists in knowing what is just in law.

Dispensatio est mali prohibiti provida relaxatio, utilitate seu necessitate pensata; et est de jure domino regi concessa, propter impossibilitatem praevidendi de omnibus particularibus

A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity; and it is conceded by law to the king on account of the impossibility of foreknowledge concerning all particulars.

Disseisitrix

See DISSEISORESS.

Disseisitus

See DISSEISEE.

Diversite des courts

[Law French] A treatise on courts written in French, supposedly by Fitzherbert during the reign of Edward III. 0 It was printed initially in 1525 and again in 1534. - Also spelled Diversite des courtes."[Flor in the ancient treatise, entitled diversite de courtes . .. we have a catalogue of the matters of conscience then cognizable by subpoena in chancery, which fall within a very narrow compass." 3 William Blackstone, Commentaries on the Laws of England 53 (1768).

Diversity

n. 1. DIVERSITY OF CITIZENSHIP. 2. Hist. A plea that a prisoner to be executed is not the one that was accused and found guilty, at which point a jury is immediately impaneled to try the issue of the prisoner's identity.

Domus tutissimum cuique refugium atque receptaculum sit

Everyone's house should be his safest refuge and shelter.

Easter sittings

English law. A term of court beginning on April 15 of each year and usu. ending on May 8, but sometimes extended to May 13. 0 This was known until 1875 as Easter term. Cf. HILARY SITTINGS; MICHAELMAS SITTING.

Expedit rei publicae ut sit finis litium

It is to the advantage of the state that there should be a limit to litigation.

Expositio quae ex visceribus causae nascitur, est aptissima et fortissima in lege

An exposition that springs from the vitals of a cause is the fittest and most powerful in law.

Extra legem positus est civiliter mortuus.

An outlaw is dead as a citizen.

FUus nulla culpa est cui parere necesse sit

No guilt attaches to a person who is compelled to obey.

Falsity

n. 1. Something (such as a statement) that is false. See LIE. 2. The quality of being false. See FALSE.

Federal Acquisition Regulation

A federal regulation that governs contracting methods, requirements, and procedures with the federal government. 48 CFR ch. 1. - Also termed Federal Procurement Regulation.

Federal Deposit Insurance Corporation

An independent governmental agency that insures bank deposits up to a statutory amount per depositor at each participating bank. ( The insurance fund is financed by a premium paid by the participating banks. - Abbr. FDIC.

Feodum est quod quis tenet ex quacunque causa, sive sit tenementum sive redditus

A fet. is what anyone holds from whatever cause, w Nether tenement or rent.

Finis est amicabilis compositio et ftnalis concordia ex concensu et concordia domino regis vel justiciarum

A fine is an amicable settlement and decisive agreement by consent and agreement of our lord, the king, or his justicies.

Firmior et potentior est operatio legis quam dispositio hominis

The operation of law is firmer and more powerful than the will of man.

Fortior et potentior est dispositio legis quam hominis

The disposition of the law is stronger and more powerful than that of man.

General assumpsit

an action based on the defendant's breach of an implied promise to pay a debt to the plaintiff. - also termed common assumpsit; indebitatus assumpsit. "general assumpsit is brought for breach of a fictitious or implied promise raised by law from a debt founded upon an executed consideration. The basis of the actionis the promise implied by law from the performance of the consideration, or from a debt or legal duty resting upon the defendant." benjamin j. Shipman, handbook of common-law pleading § 59, at 153 (henry winthrop ballantine ed., 3d ed. 1923).