Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Administrative Office of the United States Courts.
A federal agency that carries out the nonjudicial business of the federal courts.The Administrative Office collects statistics on the courts, supervises the administrative personnel, disburses the payroll, and performs other similar functions.
Arm of the state
an entity created by a state and operating as an alter ego or instrumentality of the state, such as a state university or a state department of transportation. ( the 11th amendment of the u.s. constitution generally bars suits in federal court by individuals against states. The amendment has been interpreted as protecting arms of the state as well as the state itself. Courts usu. Find an entity to be an arm of the state if it operates without substantial autonomy from state regulation. For example, cities and local school districts have been held not to be arms of the state.
Arrestatio
n. [law latin] hist. An arrest.
Attestation clause
A provision at the end of an instrument (esp. A will) that is signed by the instrument's witnesses and that recites the formalities required by the jurisdiction in which the instrument might take effect (such as where the will might be probated). ( the attestation strengthens the presumption that all the statutory requirements for executing the will have been satisfied. Cf. Testimonium clause. Attested copy. See certified copy under copy.
Augmented estate
see estate,
Automobile guest statute
see guest statute.
Bank statement
see statement of account (i).
Bank-statement rule
commercial law. Principle that if a bank customer fails to examine a bank statement within a reasonable time (usu. No more than a year for a forged drawer's signature or alteration, and no more than three years for a forged indorsement), the customer is precluded from complaining about a forgery or material alteration. Ucc ยง 4-406.
Bankruptcy estate
a debtor's legal and equitable interests in property as of the commencement of a bankruptcy case.
Base estate
see estate.
Cessante statu primitivo, cessat derivativus.
When the original estate comes to an end; the derivative estate is also at an end.
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.
Conditio beneficialis, quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem quae statum destruit stricte, secundum verborum proprietatem, accipienda
A beneficial condition that creates an estate ought to be construed favorably, according to the intention of the words; but a condition that destroys an estate is odious and ought to be construed according to the strict sense of the words.
Contestatio litis eget terminos contradictarios.
An issue requires terms of contradiction. ( (That is, there can be no issue without an affirmative on one side and a negative on the other.)
Crimen laesae majestatis omnia alia crimina excedit quoad poenam
The crime of treason exceeds all other crimes in its punishment.
Custos statum haeredis in custodia existentis meliorem, non deteriorem, facere potest
A guardian can make the estate of an heir living under his guardianship better, not worse
Dead person,s statute
.see dead mans statute.
Department of State
See STATE DEPARTMENT.
Devastation
1. An executor's squandering or mismanagement of the deceased's estate. 2. An act of destruction.
Dormant Commerce Clause. The constitutional principle that the Commerce Clause prevents state regulation of interstate commercial activity even when Congress has not acted under its Commerce Clause po
Commerce Court. See COURT
Electio semel facta, et placitum testatum, non patitur regressum
An election once made, and a plea witnessed (or intent shown), allows no going back.
En eschange it covient que les estates soient egales
In an exchange it is desirable that the estates be equal.
Error nominis nunquam nocet, si de identitate rei constat
Mistake in the name never injures if the identity of the thing is certain.
FASB statement
An official pronouncement from the Financial Accounting Standards Board establishing a given financial-accounting practice as acceptable.
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.
Fructus perceptos villae non esse constat
It is agreed that gathered fruits are not a part of the farm.
Frustra petis quod statim alteri reddere cogeris
Vainly you seek what you will immediately be compelled to give back to another.
Garrity statement
A public employee's oral or written report (as of an incident) obtained under a threat of termination of employment. ( A public employee usu. makes a Garrity statement in the course of an internal investigation (as by a police department). Because a Garrity statement is coerced, the statement and any evidence obtained as a result of it cannot be used in a later criminal prosecution against the public employee. The statement and evidence may be used only to evaluate the employee's performance. Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616 (1967).
Gloucester, Statute of
Hist. A statute that allowed a successful plaintiff to recover costs in addition to damages. ( The statute was enacted in Gloucester. 6 Edw. I, ch. 1 (1278).
Gravius est divinam quam temporalem laedere majestatgm
It is more serious to hurt divine than temporal majesty.
Id perfectum est quod ex omnibus suis partibus constat
That is perfect which is complete in all its parts.
In his enim quae sunt favorabilia animae, quamvis sunt damnosa rebus, fiat aliquando extentio statuti.
In things that are favorable to the spirit, though injurious to property, an extension of the statute should sometimes be made.
In praesentia majoris potestatis, minor potestas cessat
In the presence of the superior power, the minor power ceases.
In re pari potiorem causam esse prohibentis constat
Where the parties have gqual rights (in common property), it is an established principle that the one prohibiting has the stronger cause. Dig. 10.3.28.
In testamentis plenius testatoris intentionem scrutamur.
In wills we examine the intention of the testator more fully.
Infans non multum a furioso distat.
An infant does not differ much from a lunatic.
Interstate
adj. Between two or more states or residents of different states.
Interstate Commerce Commission
The now defunct federal agency established by the Interstate Commerce Act in 1887 to regulate surface transportation between states by certifying carriers and pipelines and by monitoring quality and pricing. * In December 1995, when Congress eliminated this agency, the Surface Transportation Board (STB) - a three-member board that is a division of the Department of Transportation - assumed most of the agency's duties. - Abbr. ICC.
Intestate
n. One who has died without a valid Will. Cf. TESTATOR.
Intestatus decedit qui aut omnino testamentum non fecit aut non jure fecit, aut id quod fecerat ruptum irritumve factum est, aut nemo ex eo haeres exstitit
A person dies intestate who either has made no will at all or has not made it legally, or when the will that he had made has been annulled or become ineffectual, or when there is no living heir.
Jura majestatis
See JURA.
Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sola
A legacy is confirmed by the death of the testator, in the same manner as a gift from a living person is by delivery alone.
Lex benefacialis rei consimili remedium praestat
A beneficial law affords a remedy in a similar case.
Lex non patitur fractiones et divisiones statuum
The law does not tolerate fractions and divisions of estates. 1 Coke 87a.
Majore poena affectus quam legibus statuta est non est infamis
A criminal afflicted with a greater punishment than is provided by law is not infamous. 4 Co. Inst. 66.
Mens testatoris in testamentis spectanda est
In wills, the intention of the testator is to be regarded.
Molestation
1. The persecution or harassment of someone, as in the molestation of a witness. 2. The act of making unwanted and indecent advances to or on someone, esp. for sexual gratification. - molest, ub. - molester, n.
Mos retinendus est ldelissimae vetustatis
A custom of the truest antiquity is to be retained.
Multistate Bar Examination
See BAR EXAMINATION.
Multistate bar examination
a part of every state's bar examination given in the form of a multiple-choice test covering broad legal subjects, including constitutional law, contracts, criminal law, evidence, property, and torts. - abbr. Mbe.