Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Declaration of Taking Act
The federal law regulating the government's taking of private property for public use under eminent domain. 40 USCA § 258a. 0 Fair compensation must be paid for the property.
Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
An international convention, convened on October 26, 1968, that provides the formal procedures for obtaining evidence in a foreign country, such as taking a deposition abroad. ( More than 27 countries are parties, including the United States, which became a signatory on October 7, 1972.
Taking
n. 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control.
Takings Clause
The Fifth Amendment provision that prohibits the government from taking private property for public use without fairly compensating the owner. See EMINENT DOMAIN.
Undertaking
n. 1. A. promise, pledge, or engagement. 2. A bail bond.
actual taking
A physical appropriation of an owner's property by an entity clothed with eminent-domain authority.
actual taking.
See TAKING
constitutional taking
See TAKING (2),
constructive taking
An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted with the possession of goods starts using them contrary to the owner's instructions. 2. Constitutional law. The government's actual or effective acquisition of private property either by ousting the owner and claiming title or by destroying the property or severely impairing its utility. 0 There is a taking of property when government action directly interferes with or substantially disturbs the owner's use and enjoyment of the property. - Also termed constitutional taking. See CONDEMNATION (2); EMINENT DOMAIN.
conversion by taking
Conversion by taking a chattel out of the possession of another with the intention of exercising a permanent or temporary dominion over it, despite the owner's entitlement to use it at all times.
de facto taking
A taking in which an entity clothed with eminent-domain power substantially interferes with an owner's use, possession, or enjoyment of property.
grubstaking contract.
See grubstake contract under CONTRACT. grundnorm. See basic norm under NORM.
letter of undertaking
An agreement by which a shipowner - to avoid having creditors seize the ship and release it on bond - agrees to post security on the ship, and to enter an appearance, acknowledge ownership, and pay any final decree entered against the vessel whether it is lost or not. "Such informal or extra-legal agreements save court costs and the marshal's fees, avoid the annoyance of having the vessel even temporarily arrested and may well be cheaper than the usual surety bond .... In Continental Grain Co. u. Federal Barge Lines, Inc., [268 F.2d 240 (5th Cir. 1959), offd, 364 U.S. 19, 80 S.Ct. 1470 (1960)], Judge Brown commented that a letter of undertaking given by a shipowner would be treated 'as though, upon the libel being filed, the vessel had actually been seized, a claim filed, a stipulation to abide decrees with sureties executed and filed by claimant, and the vessel formally released. Any other course would imperil the desirable avoidance of needless cost, time and inconvenience to litigants, counsel, ships, clerks, marshals, keepers and court personnel through the ready acceptance of such letters of undertakings.' [268 F.2d at 243]. If, as Judge Brown suggests, the informal agreement is treated as having the same effect as a formal release under bond or stipulation, few questions relating to their use will ever have to be litigated." Grant Gilmore & Charles L. Black, Jr., The Law of Admiralty § 9-89, at 800-01 (2d ed. 1975).
taking a case from the jury
See directed verdict under VERDICT.
taking a security,
such as collateral, for any debt other than a preexisting debt.
taking the Fifth
See PLEADING THE FIFTH.