Legal Dictionary of Pakistan

Acta in uno judicio non probant in alio nisi inter easdem personas

Things done in one action cannot be taken as evidence in another, unless it is between the same parties.

Actio personalis moritur cum persona

A personal action dies with the person.

Actus inceptus cujus perfectio pendet ex voluntate partium revocari potest; si autem pendet ex voluntate tertiae personae, velex contingenti, revocari non potest

An act already begun whose completion depends upon the will of the parties may be recalled; but if it depends on consent of a third person or on a contingency, it cannot be recalled.

Aequitas agit in personam

Equity acts upon the person.

Aggravated arson

arson accompanied by some aggravating factor, as when the offender foresees or anticipates that one or more persons will be in or near the property being burned.

Arson

n. 1. At common law, the malicious burning of someone else's dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage. "at common law, arson is the willful and malicious burning of the dwelling house of another. It may occur during the nighttime or the daytime, and it is an offense against the security of habitation or occupancy, rather than against ownership or property." 3 charles e. Torcia, wharton's criminal law § 334, at 324-25 (15th ed. 1995). 2. Under modern statutes, the intentional and wrongful burning of someone else's property (as to destroy a building) or one's own property (as to fraudulently collect insurance). -also termed (in sense 2) statutory arson. Cf. Houseburning.

Arson clause

an insurance-policy provision that excludes coverage of a loss due to fire if the insured intentionally started the fire.

Arsonable

adj. (of property) of such a nature as to give rise to a charge of arson if maliciously burned <only real property, and not personal property, is arsonable>.

Arsonist

one who commits arson; incendiary (1).

Arsonous

adj. Of, relating to, or involving arson <an arsonous purpose>.

Artificial person

see person.

Assignable, adj. That can be assigned; transferable from one person to another, so that the transferee has the same rights as the transferor had <assignable right>. Cf. Negotiable. Assignable lease

see lease.

Associated person.

1. A partner, officer, director, branch manager of a broker or dealer, or any person performing similar functions or occupying a similar status, any person directly or indirectly controlling, controlled by, or under common control with the broker or dealer, or any employee of the broker or dealer - with two exceptions: (1) those whose functions are solely clerical or ministerial, and (2) those required to register under state law as a broker or dealer solely because they are issuers of securities or associated with an issuer of securities. 2. A natural person who is a partner, officer, director, or employee of: (1) the issuer; (2) a general partner of a limited partnership issuer; (3) a company or partnership that controls, is controlled by, or is under common control with the issuer; or (4) a registered investment adviser to a registered investment company issuer.

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Batson challenge

See challenge

Cohaeredes una persona censentur, propter unitatem juris quod habent

Coheirs are deemed as one person, on account of the unity of right that they possess.

Crimen trahit personam

The crime brings with it the person. ( That is, the commission of a crime gives the courts of the place where it is committed jurisdiction over the person of the offender.

Cum duo jura concurrunt in una persona, aequum est ac si essent in duobus

When two rights meet in one person, it is the same as if they were in two persons.

Dead person,s statute

.see dead mans statute.

Debita sequuntur personam debitoris

Debts follow the person of the debtor. 0 That is, debts belong to no locality and may be collected wherever the debtor can be found.

Decimae de jure divino et canonica institutione pertinent ad personam.

Tithes belong to the parson by divine right and canonical institution.

Dieu son acte

n. [Law Latin "an act of God"] Hist. An act of God, beyond human control.

Dispersonare

ub. [Latin] Hist. To scandalize, disparage, or slander.

Ecclesiae magis favendum est quam personae

The church is to be more favored than the parson (or an individual).

Enelow-Ettelson rule

The defunct doctrine that an order staying federalcourt proceedings pending the determination of an equitable defense (such as arbitration) is . i i injunction appealable under 28 US( , § 1292(a)(1) if the proceeding stayed was action that could have been maintained as :zip action at law before the merger of law arid equity. Enelow v. New York Life Ins. Co., z:~:; U.S. 379, 55 S.Ct. 310 (1935); Ettelson u. Met, opolitan Life Ins. ('o., 317 U.S. 188, 63 S Ct 163 (1942.

Falsa demonstratio non nocet, cum de corpore (persona) constat

False description does not injure or vitiate, provided the thing or person intended has once been sufficiently described. ( Mere false description does not make an instrument inoperative.

Falsonarius

See FALSARIUS.

Fama, quae suspicionem inducit, oriri debet apud bonos et graves, non quidem malevolos et maledicos, sed providas et fide dignas personas, non semel sed saepius, quia clamor minuit et defamatio manife

Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently, for clamor diminishes, and defamation manifests.

Haeres est eadem persona cum antecessore

The heir is the same person as the ancestor.

Homo vocabulum est naturae; persona juris civilis

"Man" (homo) is a term of nature; "person" (persona), a term of civil law.

Impersonal

See IN REM.

Impersonalitas non concludit nee ligat.

Im. personality neither concludes nor binds.

Impersonation

The act of impersonating someone. - Also termed personation.

Imprisonment

n. 1. The act of confining a person, esp. in a prison <the imprisonment of Jackson was entirely justified>. 2. The state of being confined; a period of confinement <Jack-son's imprisonment lasted 14 years>. See FALSE IMPRISONMENT.

In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, illa districtio tenenda est quae magis timetur et magis ligat

In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372.

Jackson standard

Criminal law. The principle that the standard of review on appeal - when a criminal defendant claims that there is insufficient evidence to support the conviction - is to determine whether, after considering the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson u. Virginia, 443 U.S. 307, 99 S.Ct. 2781 (1979).

Jackson v. Denno hearing

See JACKSON-DEN. NO HEARING.

Jackson-Denno hearing

A court proceeding, usu. held outside the jury's presence, to determine whether the defendant's confession was voluntary and therefore admissible as evidence. Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774 (1964). - Also termed Jackson u. Denno hearing.

Jason clause

Maritime law. A bill-of-lading clause requiring contribution in general average even when the loss is the result of the carrier's negligence, for which the carrier is otherwise exempt from liability by statute. ( The clause is named after the Supreme Court case that upheld its enforceability, The Jason, 225 U.S. 32, 32 S.Ct. 560 (1912). See general average under AVERAGE.

Jura personarum

See JURA.

Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto fuerit attinctus

It is not consonant to justice that any accessory should be convicted in the king's court before anyone has been attainted of the fact (i.e., under sentence of attainder for committing the act). ( The accessory should not be convicted before the principal is proved guilty. 2 Co. Inst. 183.

Larrison rule

Criminal law. The doctrine that a defendant may be entitled to a new trial on the basis of newly discovered evidence of false testimony by a government witness if the jury might have reached a different conclusion without the evidence and it unfairly surprised the defendant at trial. Larrison u. United States, 24 F.2d 82 (7th Cir. 1928). "The most usual rule in cases in which it is claimed that there was false testimony at the trial or that the witness has since recanted is the 'Larrison rule,' taking its name from the Seventh Circuit case in which it was announced. This is that three requirements must be met before a new trial will be granted on this ground: '(a) [That the] the court is reasonably well satisfied that the testimony given by a material witness [was] false. (b) That without it the jury might have reached a different conclusion. (c) That the party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it for it did not know of its falsity until after the trial.'" 3 Charles Alan Wright, Federal Practice and Procedure § 557.1, at 343 (2d ed. 1982) (quoting Larrison, 24 F.2d at 87-88).

Layperson

1 See LAYMAN. 2. Xist. See JUROR.

Le ley de Dieu et ley de terre sont tout un, et Pun et Z'autre preferre et favour le common et publique bien del terre

The law of God and the law of the land are all one; and both promote and favor the common and public good of the land.

Le ley est le plus haut enheritance que le roy ad, car par le ley, il mesme et touts ses sujets sont rules, et si le ley ne fuit, nul roy ne nul enheritance serra

The law is the highest inheritance that the king possesses; for by the law both he and all his subjects are ruled; and if there were no law, there would be neither king nor inheritance.

Litis nomen omnem actionem signifzcat, sive in rem, sive in personam sit

The word "lis" (a lawsuit) signifies every action, whether it is in rem or in personam.

Magna Charta et Charta de Foresta sont appeles les deux grandes charters

Magna Carta and the Charter of the Forest are called the two great charters.

Magnuson-Moss Warranty Act

A federal statute requiring that a written warranty of a consumer product fully and conspicuously disclose, in plain language, the terms and conditions of the warranty, including whether the warranty is full or limited, according to standards given in the statute. 15 USCA §§ 2301-2312.

Malison

[fr. Latin malum "evil" + sonus "a sound"] Hist. A curse. -Also spelled maleson.

McCarran-Ferguson Act

A federal law allowing a state to regulate insurance companies doing business in that state, and also to levy a tax on them. 15 USCA §§ 1011-1015.