Dictionary Search: "Sum" - Pakistan Law Portal

A summo remedio ad in feriorem actionem non habetur regressus neque auxilium

From the highest remedy to an inferior action there is no recourse or assistance.

Ab abusu ad usum non valet consequential

A conclusion about the use of a thing from its abuse is invalid.

Ambiguis casibus semper praesumitur pro rege

In doubtful cases the presumption is always in favor of the king.

Arma in armatos sumere jura sinunt

The laws permit taking up arms against the armed.

Arrestando ipsum qui pecuniam receipt

see de arrestando ipsum qui pecuniam recepit.

Artificial presumption.

See presumption of law under presumption

Assumed bond

see guaranteed bond under bond (3).

Assumed name

1. Alias (1). 2. The name under which a business operates or by which it is commonly known <antex corporation's assumed name is computer warehouse>. 0 many states require an individual or business operating under an assumed name to file an assumedname certificate, usu. In the secretary of state's office or the county clerk's office where the principal place of business is located. See db/a. Cf. Corporate name under name.

Assumpsit

[law latin "he undertook"] i. An express or implied promise, not under seal, by which one person undertakes to do some act or pay something to another <an assumpsit to pay a debt>. 2. A common-law action for breach of such a promise or for breach of a contract <the creditor's assumpsit against the debtor>.

Assumption

n. 1. A fact or statement taken for granted; a supposition <a logical assumption>. 2. The act of taking (esp. Someone else's debt or other obligation) for or on oneself; the agreement to so take <assumption of a debt>. -assume, ub.

Assumption clause

1. A mortgage provision that prohibits another from assuming the mortgage without the permission of the mortgagee. 2. A provision by which the transferee of an instrument agrees to assume an obligation of the transferor.

Assumption fee

a lender's charge for processing records for a new buyer's assumption of an existing mortgage.

Assumption of the risk

torts. 1. The act or an instance of a prospective plaintiff's taking on the risk of loss, injury, or damage <the skydiver's assumption of the risk>. - also termed assumption of risk."[assumption of risk] has been a subject of much controversy, and has been surrounded by much confusion, because 'assumption of risk' has been used by the courts in several different senses, which traditionally have been lumped together under the one name, often without realizing that any differences exist. There are even courts which have limited the use of the term 'assumption of risk' to cases in which the parties stand in the relation of master and servant, or at least some other contractual relation; but they have been compelled to invent other names for other cases, such as 'incurred risk,' or 'volenti non fit injuria.' this appears to be largely a distinction without a difference; and most courts have made general use of the one term .... In its most basic sense, assumption of risk means that the plaintiff, in advance, has given his express consent to relieve the defendant of an obligation of conduct toward him, and to take his chances of injury from a known risk arising from what the defendant is to do or leave undone." w. Page keeton et al., the lava of torts $ 68, at 480-81 (5th ed. 1984) 2. The principle that one who has taken on oneself the risk of loss, injury, or damage consequently cannot maintain an action against the party having caused the loss <assumption of the risk was not a valid defense>. ( assumption of the risk was originally an affirmative defense, but in most jurisdictions it has now been wholly or largely subsumed by the doctrines of contributory or comparative negligence. The risk assumed by the person was often termed an incurred risks

Bona fide possessor facit fructus consumptos suos

A possessor in good faith is entitled to the fruits (or produce) that he consumes.

Causa ecclesiae publicis aequiparatur; et summa est ratio quae pro religione facit

The cause of the church is equal to public causes; and paramount is the reason that acts in favor of religion.

Chirographum apud debitorem repertum praesumitur solutum

When the evidence (or voucher) is found in the debtor's possession, the debt is presumed to be paid.

Chirographum non extans praesumitur solutum

When the evidence of a debt is not in existence, it is presumed to have been discharged.

Clausula vel dispositio inutilis per praesumptionem remotam vel causam ex post facto non fulcitur

A useless clause or disposition is not supported by a remote presumption or by a cause arising afterwards. ( A useless clause or disposition is one that expresses no more than the law by intendment would have supplied; it is not supported by a remote presumption or foreign intendment of some purpose, in regard whereof it might be material, or by a cause arising afterwards that may induce an operation of those idle words.

Compromissum ad similitudinem judiciorum redigitur

A compromise is brought into affinity with judgments.

Conditio dicitur cum quid in casum incertum qui potent tendere ad esse aut non esse confertur

It is called a condition when something is given for an uncertain event that may or may not come into existence.

Confirmat usum qui tollit abusum

One confirms a use who removes an abuse. Conjunctio mariti et feminae est de jure naturae. The union of husband and wife derives from the law of nature.

Consumable

n. A thing (such as food) that cannot be used without changing or extinguishing its substance. Cf. NONCONSUMABLE.

Consumer

lease 1.A lease of goods by a person who is in the business of selling or leasing a product to someone who leases it primarily for personal or household use. UCC § 2A-103(1)(e). 2. A residential - rather than commercial - lease.

Consumer Credit Code

See UNIFORM CONSUMER CREDIT CODE.

Consumer Credit Protection Act

A federa, statute that safeguards the consumer in connection with the use of credit by (1) requiring full disclosure of the terms of the loan agreement, including finance charges, (2) restricting the garnishment of wages, and (3) regulating the use of credit cards (15 USCA §§ 1601-1693). 0 Many states have adopted consumer-credit-protection acts. - Also termed Truth in Lending Act (abbr. TILA). See UNIFORM CONSUMER CREDIT CODE.

Consummate

vb. 1. To bring to completion; esp., to make (a marriage) complete by sexual intercourse. 2. To achieve; fulfill. 3. To perfect; carry to the highest degree.

Consumption

The act of destroying a thing by using it; the use of a thing in a way that thereby exhausts it.

Debitor non praesumitur donare

A debtor is not presumed to make a gift.

Designatio unius est exclusio alterius, et expressum facit cessare tacitum

The designation of one is the exclusion of the other; and what is expressed prevails over what is implied.

Donatio non praesumitur

A gift is not presumed.

Eadem mens praesumitur regis quae e

juris et quae else debet, praesertim in do biis. The mind of the sovereign is presumed be the same as that of the law, and the same as what it ought to be, especially in ambiguous matter.

Electio semel facta, et placitum testatum, non patitur regressum

An election once made, and a plea witnessed (or intent shown), allows no going back.

Ex diuturnitate temporis omnia praesumuntur solenniter esse acta

From length of time, all things are presumed to have been done in due form.

Expressum facit cessare tacitum

Something expressed nullifies what is unexpressed.

Extremis probatis praesumuntur media

Extremes having been proved, intermediate things are presumed.

Falsum

n. [Latin] Roman law. 1. A false statement. 2. A crime involving forgery or falsification.

Fatuus praesumitur qui in proprio nomine errat

A person is presumed to be incompetent who makes a mistake in his own name (that is, does not know his own name).

Fideicommissum

n. Roman & civil law. An arrangement similar to a trust by which a testator gave property to a person for the benefit of another who could not, by law, inherit property. ( Over time, this device was used to tie up property for generations, and most civil jurisdictions now prohibit or limit it. - Sometimes spelled fidei-commissum. Pl. fideicommissa. "The many formalities with regard to the institution of heirs and the bequest of legacies, coupled with the fact that many persons, e.g. peregrini, were incapable of being instituted heirs, or of being given a legacy, led, in the late Republic, to testators leaving directions to their heirs in favour of given individuals, which, though not binding at law, they hoped their heirs would, in honour, feel bound to carry out. The beginning of fideicommissa, therefore, was very like the early practice with regard to trusts in English law, and, as in the case of trusts, a time came when trusts were made binding legally as well as morally .... For brevity, the fw2eicommissum will here be called 'the trust', the person upon whom it was imposed (fiduciarius) 'the trustee', and the person in whose favour it was imposed (fideicommissarius) 'the beneficiary'." R.W. Leage, Roman Private Law 252 (C.H. Ziegler ed., 2d ed. 1930).

Fraus est odiosa et non praesumenda

Fraud is odious and not to be presumed.

General assumpsit

an action based on the defendant's breach of an implied promise to pay a debt to the plaintiff. - also termed common assumpsit; indebitatus assumpsit. "general assumpsit is brought for breach of a fictitious or implied promise raised by law from a debt founded upon an executed consideration. The basis of the actionis the promise implied by law from the performance of the consideration, or from a debt or legal duty resting upon the defendant." benjamin j. Shipman, handbook of common-law pleading § 59, at 153 (henry winthrop ballantine ed., 3d ed. 1923).

Haereditas est successio in universum jus quod defunctus habuerat

Inheritance is the succession to every right possessed by the late possessor.

Haereditas nihil aliud est quam successio in universum jus, quod defunctus habuerat.

The right of inheritance is nothing other than the faculty of succeeding to all the rights of the deceased.

Id possumus quod de jure possumus

we are able to do that which we can do lawfully.

Id tantum possumus quod de jure possumus

We can do only what we can lawfully do.

Ignorantia praesumitur ubi scientia non probatur

Ignorance is presumed where knowledge is not proved.

Implied assumption

the imposition of personal liability on a land purchaser who buys subject to a mortgage and who deducts the mortgage amount from the purchase price, so that the purchaser is treated as having assumed the debt.

In ambiguis casibus sempter praesumitur pro rege.