Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Ab assuetis non fit injuria
No injury is done by things long acquiesced in.
At issue.
taking opposite sides; under dispute; in question <the federal appeals courts are at issue over a question of law>.
At-issue waiver
an exemption from the attorney-client privilege, whereby a litigant is considered to have waived the privilege by taking a position that cannot be effectively challenged without analyzing privileged information. Cf. Offensive-use waiver.
Clausulae inconsuetae semper inducunt suspicionem
Unusual clauses always arouse suspicion.
Consuetude
[Latin "custom"] 1. Roman law. Custom; long-established usage or practice. 2. Hist. Customary law. Consuetudo generally bears this sense, referring to law that has been long approved by the will of the people. It is a broad term that includes both the common law and the statutory law of England. 3. Hist. A duty or tax.
Consuetudines Feudorum
[Law Latin "the customs of fiefs"] Hist. FEUDORUM LIBRI.
Consuetudo contra rationem introducta potius usurpatio quam consuetudo appellari debet.
A custom introduced against reason ought rather to be called a usurpation than a custom.
Consuetudo debet esse certa
nam incerta pro nulla (nullius) habetur. Custom ought to be fixed, for if variable it is held as null (or of no account).
Consuetudo est altera lex
Custom is another law.
Consuetudo est optimus interpres legum.
Custom is the best expounder of the law.
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 loci observanda est
The custom of the place is to be observed.
Consuetudo manerii et loci observanda est.
The custom of a manor and place is to be observed.
Consuetudo neque injuria oriri neque tolli protest
A custom can neither arise nor be abolished by a wrong.
Consuetudo non habitur (trahitur) in consequentiam
Custom is not held as (or drawn into) a precedent.
Consuetudo praescripta et legitima vincit legem
A prescriptive and lawful custom overrides the law.
Consuetudo regni Angliae est lex Angliae.
The custom of the kingdom of England is the law of England.
Consuetudo semel reprobata non potest amplius induci
A custom once disallowed cannot again be introduced.
Consuetudo tollit communem legem
Custom takes away the common law.
Consuetudo vincit communem legem.
Custom overrules common law.
Consuetudo volentes ducit, lex nolentes trahit
Custom leads the willing; law drags the unwilling.
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.
Fiat prout fceri consuevit, nil temere novandum
Let it be done as it is accustomed to be done; let no innovation be made rashly.
Home ne sera puny pur suer den briefer en court le roy, soit il a droit ou a tort
A person shall not be punished for suing out writs in the king's court, whether the person is right or wrong.
In consuetudinibus non diuturnitas temporis sed soliditas rationis est consideranda.
In customs, not length of time but the soundness of the reason should be considered.
In contractibus tacite insunt quae sunt moris et consuetudinis
In contracts, matters of custom and usage are tacitly implied. ( A contract is understood to contain the customary clauses, although they are not expressed.
In his quae de jure communi omnibus conceduntur, consuetudo alicrsjus patriae vel loci non est alleganda
In those things that by common right are conceded to all, the custom of a particular country or place is not to be adduced.
Issue
ub. 1. To accrue <rents issuing from land> 2. To be put forth officially <without probable cause, the search warrant will not issue> 3. To send out or distribute officially <issue process> <issue stock>.
Issuer
1. A person or entity (such as a corporation or bank) that issues securities, negotiable instruments, or letters of credit. 2. A bailee that issues negotiable or nonnegotiable documents of title.
Leges Angliae sunt tripartitae: jus commune, consuetudines, ac decreta comitiorum
The laws of England are threefold: common law, customs, and decrees of parliament.
Leges figendi et retgendi consuetudo est periculosissima
The practice of adding and annulling laws is a most dangerous one. 4 Coke pref.
Lex scripta si cesset, id custodiri oportet quod moribus et consuetudine inductum est, et, si qua in re hoc defecerit, tunc id quod proximum et consequens ei est, et, si id non appareat, tunc jus quo
If the written law fails, that which is drawn from manners and custom ought to be observed; and, if that is in any manner defective, then what is next and consistent with it; and, if that does not appear, then the law that Rome uses should be followed.
Mansuetus
adj. [Latin] Roman law. Tame; tamed.
Obtemperandum est consuetudini rationabi1i tanquam legi
A reasonable custom is to he obeyd like law.
Odiosa et inhonesta non suet in lege praesumenda
Odious and dishonest acts are not to be presumed in law.
Omne jus aut consensus fecit, aut necessitas constituit, aut firmavit consuetude
Ever right has been derived from consent, established by necessity, or confirmed by custom.
Optima enim est legium interpres consuetude
Custom is the best interpreter of laws. Dig. 1.3.37.
Optimus legum interpres consuetude
Custom is the best interpreter of laws.
Overissue
n. An issue of securities beyond the authorized amount of capital or credit.
Quae praeter consuetudinem et morem majorum fiunt, neque placent neque recta videntur
What is done contrary to the custom and usage of our ancestors neither pleases nor is considered right.
Ratio est formalis causa consuetudinis
Reason is the source and formal cause of custom.
Reissue
1. An abstractor's certificate certifying to the correctness of an abstract. ( A reissue is an important precaution when the abstract comprises an original abstract brought down to a certain date and then several continuations or extensions showing matters that have occurred since the date of the original abstract. 2. See reissue patent under PATENT (3).
Servanda est consuetudo loci ubi causa agitur
The custom of the place where the action is brought is to be observed.
Si assuetis mederi possis, nova non sunt tentanda
If you can be relieved by accustomed remedies, new ones should not be tried.
Sue
ub. To institute a lawsuit against (another ply).
a issue
[law french] at issue
ad mordendum assuetus
adj. [law latin] hist. accustomed to bite. this phrase was a common charge in a declaration of damage done by a dog to a person or to another animal.
bond issue
See ISSUE (2)
capacity to sue.
See CAPACITY (2)