Legal Dictionary of Pakistan

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

British subject

The status conferred on a citizen of the United Kingdom and the Commonwealth countries such as Canada, Australia, New Zealand, and India by the British Nationality Act 1981. 0 Although this is the current sense, the phrase British subject has had many different meanings over the years, under different statutes. broad-form insurance See INSURANCE.

Extincto subjecto, tollitur adjunctum

When the substance is gone, the adjunct disappears.

Protectio trahit subjectionem, subjectio protectionem

Protection brings submission; submission (brings) protection.

Sensus verborum ex causa dicendi accipiendus est, et sermones semper accipiendi sunt secundum subjectam materiam

The sense of words is to be taken from the occasion of speaking them, and discourses are always to be interpreted according to the subject matter.

Subject

adj. Referred to above; having relevance to the current discussion <the subject property was then sold to Smith>.

Subjection

1 The act of subjecting someone to something <their subjection to torture was unconscionable. 2. The condition of a subject in a monarchy; the obligations surrounding such a person <a subject, wherever residing, owes fidelity and obedience to the Crown, while an alien may be released at will from all such ties of subjection>. 3. The condition of being subject, exposed, or liable; liability <the defendants' subjection to the plaintiffs became clear shortly after the trial began>. - Also termed (in sense 3) liability; susceptibility.

Subjective

adj. 1. Based on an individual's perceptions, feelings, or intentions, as opposed to externally verifiable phenomena <the subjective theory of contract - that the parties must have an actual meeting of the minds - is not favored by most courts>. 2. Personal; individual <subjective judgments about popular muS1C>. Cf. OBJECTIVE. subjective ethics. See MORAL RELATIVISM.

Verba accipienda runt secundum subjectam materiam

Words are to be interpreted according to the subject matter.

Verba pro re et subjecta materia accipi debent

Words should be taken most in favor of the thing and the subject matter.

Verba secundum materiam subjectam intelligi nemo est qui nescit

There is no one who does not know that words should be understood according to the subject matter.

enemy subject.

See ENEMY

fee simple subject to a condition subsequent

An estate subject to the grantor's power to end the estate if some specified event happens (e.g., "to Albert and his heirs, upon condition that no alcohol is sold on the premises"). ( The future interest retained by the grantor is called a power of termination (or a right of entry). - Also termed fee simple on a condition subsequent; fee simple subject to a power of termination; fee simple upon condition.

fee simple subject to a power of termination

See fee simple subject to a condition subsequent.

fee simple subject to an executory limitation

A fee simple defeasible that is subject to divestment in favor of someone other than the grantor if a specified event happens (e.g., "to Albert and his heirs, but if the property is ever used as a parking lot, then to Bob"). -Also termed fee simple subject to an executory interest.

fee simple subject to common-law limitation

See fee simple determinable.

fee simple subject to special interest

See fee simple determinable.

fee simple subject to special limitation

See fee simple determinable.

general verdict subject to a special case

Archaic. A court's verdict rendered without regard to the jury's general verdict, given when a party does not want to put the legal question on the record but merely wants the court to decide on the basis of a written statement of all the facts in the case, prepared for the opinion of the court by counsel on either side, according to the principles of a special verdict, whereupon the court decides the special case submitted and gives judgment accordingly.

intersubjective zap

In critical legal studies, a so-called spontaneous moment of shared intuition. - Also termed zap.

jurisdiction of the subject matter

See subject-matter jurisdiction.

mandatory subject of bargaining

Labor law. A topic that is required by the National Labor Relations Act to be discussed in good faith by the parties during labor negotiations; an essential employment matter, including wages, hours, and other terms and conditions of employment, about which management and the union are required to negotiate in good faith, and that can lawfully form the basis of a collective-bargaining impasse. 29 USCA ยง 158(d). -Often shortened to mandatory subject. Cf. PERMISSIVE SUBJECT OF BARGAINING.

natural-born subject

A person born within the dominion of a monarchy, esp. England. Cf. NATIONAL.2. The matter of concern over which something is created <the subject of the stat- ute Also termed (in sense 2) subject matter.

one-subject rule.

The principle that a statute should embrace only one topic, which should be stated in its title.

permissive subject of bargaining

Labor lau. An employment or collective-bargaining issue, other than a basic employment issue, that is not required to be the subject of collective bargaining but that cannot be implemented by management without union approval. ( For example, altering the scope of the bargaining unit does not affect a term or condition of employment, so it is a permissive, instead of mandatory, subject of bargaining. Disagreement on a permissive subject of bargaining cannot be used as the basis for an impasse in negotiating a collective-bargaining agreement, unlike a mandatory subject of bargaining. -Often shortened to permissiue .subject. Cf. MANDATORY SUBJECT.

remainder subject to a condition precedent

See contingent remainder.

remainder subject to divestment

See defensible remainder.

remainder subject to open

A vested remainder that is given to one person but that may later have to be shared with others. ( An example is "to A for life, and then equally to all of B's children." - Also termed remainder subject to partial divestment.

remainder subject to partial divestment

See remainder subject to open under REMAINDER.

secundum subjectam materiam

[Law Latin] Hist. According to the subject matter.

subject matter

The issue presented for consideration; the thing in which a right or duty has been asserted; the thing in dispute. See CORPUS (2). - Sometimes written (as a noun) subjectmatter. - subject-matter, adj.

subject of a right

1 The owner of a right; the person in whom a legal right is vested. 2. OBJECT OF A RIGHT.

subject to open

Denoting the future interest of a class of people when this class is subject to a possible increase or decrease in number.

subject-matter jurisdiction

Jurisdiction over the nature of the case and the type of relief sought; the extent to which a court can rule on the conduct of persons or the statusof things. - Also termed jurisdiction of the subject matter.

subject-matter test

A method of determining whether an employee's communication with a corporation's lawyer was made at the direction of the employee's supervisors and in the course and scope of the employee's employment, so as to be protected under the attorney-client privi- lege, despite the fact that the employee is not a member of the corporation's control group. Harper & Row Pubs., Inc. v. Decker, 423 F.2d 487 (7th Cir. 1970), affd per curiam by equally divided Court, 400 U.S. 348, 91 S.Ct. 479 (1971). - Also termed Decker test. Cf. CONTROLGROUP TEST.

subjective meaning

The meaning that one party to a legal document attributes to it when the document is written, executed, or otherwise adopted.

subjective novation

See NOVATION.

subjective novation.

Civil law. A novation involving the substitution of a new obligor for a previous obligor who has been discharged by the obligee.

subjective standard

A legal standard that is peculiar to a particular person and based on the person's individual views and experiences. 0 In criminal law, for example, premeditation is determined by a subjective standard because it depends on the defendant's mental state.

subjective theory of contract

The doctrine (now largely outmoded) that a contract is an agreement in which the parties have a subjective meeting of the minds. - Often shortened to subjective theory. See MEETING OF THE MINDS. Cf OBJECTIVE THEORY OF CONTRACT.

verdict subject to opinion of court

A verdict that is subject to the court's determination of a legal issue reserved to the court upon the trial, so that judgment is ultimately entered depending on the court's ruling on a point of law.