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.
Augmented estate
see estate,
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 § 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.
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.
Department of State
See STATE DEPARTMENT.
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
En eschange it covient que les estates soient egales
In an exchange it is desirable that the estates be equal.
FASB statement
An official pronouncement from the Financial Accounting Standards Board establishing a given financial-accounting practice as acceptable.
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).
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.
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.
National Conference of Commissioners on Uniform State Laws
An organization that drafts and proposes statutes for adoption by individual states, with the goal of making the laws on various subjects uniform among the states. ( Founded in 1892 and composed of representatives from all 50 states, the Conference has drafted more than 200 uniform laws, including the Uniform Commercial Code. -Abbr. NCCUSL. - Also termed Uniform Law Commissioners. See UNIFORM ACT; MODEL ACT.
New asset. Wills & estates.
In the administration of a decedent's estate, property that the administrator or executor receives after the time has expired to file claims against the estate.
Non impedit clausula derogatoria quo mi nus ab eadem potestate res dissolvantur ca qua constituuntur
A derogatory clause does not prevent things from being dissolved by the same power by which they were originally made.
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.
Qui non habet potestatem alienandi habet necessitatem retinendi
A person who has not the power of alienating is obliged to retain.
Quod principi placuit legis habet vigorem; utpote cum lege regia, quae de imperio ejus lata est, populus ei et in eum omne suum imperium et potestatem conferat
A decision of the emperor has the force of law; for, by the royal law that has been made concerning his authority, the people have conferred upon him all their sovereignty and power. Dig. 1.4.1.
Real Estate Settlement Procedures Act
A federal law that requires lenders to provide home buyers with information about known or estimated settlement costs. 12 USCA §§ 2601-2617. - Abbr. RESPA. See REGULATION X.
Reinstate
vb. To place again in a former state or position; to restore <the judge reinstated the judgment that had been vacated>. - reinstatement, n.
Restatement
One of several influential treatises, published by the American Law Institute, describing the law in a given area and guiding its development. 0 Although the Restatements are frequently cited in cases and commentary, they are not binding on the courts. Restatements have been published in the following areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law of the United States, Judgments; Law Governing Lawyers, Property, Restitution, Security, Suretyship and Guaranty, Torts, Trusts, and Unfair Competition. - Also termed Restatement of the Law.
Restater
An author or reporter of a Restatement.
Scire leges non hoc est verbs earum tenere, sed vim et potestatem
To know the laws is to observe not their (mere) words, but their force and power.
State
n. 1. The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people < separation of church and state>. - Also termed political society. Cf. NATION. "A state or political society is an association of human beings established for the attainment of certain ends by certain means. It is the most important of all the various kinds of society in which men unite, being indeed the necessary basis and condition of peace, order, and civilisation. What then is the difference between this and other forms of association? In what does the state differ from such other societies as a church, a university, a joint-stock company, or a trade union? The difference is clearly one of function. The state must be defined by reference to such of its activities and purposes as are essential and characteristic." John Salmond, Jurisprudence 129 (Glanville L. Williams ed., 10th ed. 1947). "A state is an institution, that is to say, it is a system of relations which men establish among themselves as a means of securing certain objects, of which the most fundamental is a system of order within which their activities can be carried on. Modern states are territorial; their governments exercise control over persons and things within their frontiers, and today the whole of the habitable world is divided between about seventy of these territorial states. A state should not be confused with the whole community of persons living on its territory; it is only one among a multitude of other institutions, such as churches and corporations, which a community establishes for securing different objects, though obviously it is one of tremendous importance; none the less it is not, except in the ideology of totalitarianism, an all-embracing institution, not something from which, or within which, all other institutions and associations have their being; many institutions, e.g. the Roman Catholic Church, and many associations, e.g. federations of employers and of workers, transcend the boundaries of any single state." J.L. Brierly, The Law of Nations 118 (5th ed. 1955).
State Department
An executive department, headed by the Secretary of State, responsible for analyzing, making recommendations on, and carrying out matters of foreign policy (including trade relations, environmental concerns, and human-rights issues), as by negotiating treaties and other international agreements, and representing the United States in the United Nations and other international organizations. - Also termed Department of State. 22 USCA §§ 2651-2728.
State bank
a bank chartered by a state and supervised by the state banking department. 0 for a state bank to have fdic insurance on deposits, it must become a member of the
State bar association
an association or group of attorneys that have been admitted to practice law in a given state. ( state bar associations are usu. Created by statute, and membership is often mandatory for those who practice law in the state. Unlike voluntary, professional-development bar associations such as the american bar association, state bar associations often have the authority to regulate the legal profession, by undertaking such matters as disciplining attorneys and bringing lawsuits against those who participate in the unauthorized practice of law.
State of the Union
See Presidential message under MESSAGE.
Statement
1 Evidence. A verbal assertion or nonverbal conduct intended as an assertion. 2. A formal and exact presentation of facts. 3. Criminal procedure. An account of a person's (usu. a suspect's) knowledge of a crime, taken by the police pursuant to their investigation of the offense. Cf. CONFESSION.
Statement and Account Clause
The clause of the U.S. Constitution requiring the regular publication of the receipts and expenditures of the federal government. U.S. Const. art. 1, § 9, cl. 7.
Stateway
n. A governmental policy or law. ( This term is formed on the analogy of folkway.
Supreme Court of the United States
The court of last resort in the federal system, whose members are appointed by the President and approved by the Senate. ( The Court was established in 1789 by Article III of the U.S. Constitution, which vests the Court with the "judicial power of the United States." - Often shortened to Supreme Court. - Also termed United States Supreme Court.
Testate
adj. Having left a will at death <she died testate >. Cf. INTESTATE. Testate n. See TESTATOR.
United States Attorney
A lawyer appointed by the President to represent, under the direction of the Attorney General, the federal government in civil and criminal cases in a federal judicial district. - Also termed United States District Attorney. CE DISTRICT ATTORNEY
United States Claims Court
See UNITED STATES COURT OF FEDERAL CLAIMS.
United States Code
A multivolume published codification of federal statutory law. ( In a citation, it is abbreviated as USC, as in 42 USC § 1983.
United States Code Annotated
A multivolume publication of the complete text of the United States Code with historical notes, crossreferences, and casenotes of federal and state decisions construing specific Coda sections. -Abbr. USCA.
United States Commissioner
Hist. A judicial officer appointed by a U.S. district court to hear a variety of pretrial matters in criminal cases. ( Commissioners' duties have been transferred to U.S. Magistrate Judges. Cf. UNITED STATES MAGISTRATE JUDGE. commissioner's court See COURT,
United States Court of Appeals
A federal appellate court having jurisdiction to hear cases in one of the 13 judicial circuits of the United States (the First Circuit through the Eleventh Circuit, plus the District of Columbia Circuit and the Federal Circuit). - Also termed circuit court.
United States Court of Appeals for the Armed Forces
The primary civilian appellate tribunal responsible for reviewing court-martial convictions from all the military services. 10 USCA §§ 941-950. - Formerly also termed Court of Military Appeals.
United States Court of Appeals for the Federal Circuit
An intermediate-level appellate court with jurisdiction to hear appeals in patent cases, various actions against the United States to recover damages, cases from the U.S. Court of Federal Claims, the U.S. Court of International Trade, the U.S. Court of Veterans Appeals, the Merit Systems Protection Board, and some administrative agencies. ( The Court originated in the 1982 merger of the Court of Customs and Patent Appeals and the U.S. Court of Claims (although the trial jurisdiction of the Court of Claims was given to a new U.S. Claims Court). - Abbr. Fed. Cir.
United States Court of Federal Claims
A specialized federal court created under Article I of the Constitution in 1982 (with the name United States Claims Court) as the successor to the Court of Claims, and renamed in 1992 as the United States Court of Federal Claims. ( It has original, nationwide jurisdiction to render a money judgment on any claim against the United States founded on the Constitution, a federal statute, a federal regulation, an express or implied-in-fact contract with the United States, or any other claim for damages not sounding in tort. - Also termed Court of Claims (abbr. Cl. Ct)
United States Court of International Trade
A court with jurisdiction over any civil action against the United States arising from federal laws governing import transactions or the eligibility of workers, firms, and communities for adjustment assistance under the Trade Act of 1974 (19 USCA §§ 2101-2495). 0 Its exclusive jurisdiction also includes actions to recover customs duties, to recover on a customs bond, and to impose certain civil penalties for fraud or negligence. See 28 USCA §§ 1581-1584. - Also termed International Trade Court; (formerly) U.S. Customs Court.
United States Court of Veterans Appeals
A federal appellate court that has exclusive jurisdiction to review decisions of the Board of Veterans Appeals. ( The Court was created in 1988, and appeals from its decisions are to the U.S. Court of Appeals for the Federal Circuit. - Abbr. CVA.