Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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.
Intestate
n. One who has died without a valid Will. Cf. TESTATOR.
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A derogatory clause does not prevent things from being dissolved by the same power by which they were originally made.
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.
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.
Testate
adj. Having left a will at death <she died testate >. Cf. INTESTATE. Testate n. See TESTATOR.
Uxor non est sui juris sed sub potestate viri
A wife is not in her own right (i.e., she cannot act independently), but under the power of her husband.
brevia testate
[Latin] Hist. See breue testatum under BREVE.
dedimus potestatem
[Law Latin "we have given power"] 1. A commission issuing from the court before which a case is pending, authorizing a person named in the commission to compel the attendance of certain witnesses, to take their testimony on the written interrogatories and crossinterrogatories attached to the commission, to reduce the answers to writing, and to send it sealed to the court issuing the commission. 2. In England, a chancery writ commissioning the persons named in the writ to take certain actions, including administering oaths to defendants and justices of the peace. ( The writ was formerly used to commission a person to take action such as acknowledging a fine and -appointing an attorney for representation in court. Before the Statute of Westminster (1285), an attorney could not appear on behalf of a party without this writ. - Also termed dedimus potestatem de attorno faciendo. "Dedimus potestatem is a writ that lies where a man sues in the king's court, or is sued, and cannot well travel, then he shall have this writ directed to some justice, or other discreet person in the country, to give him power to admit some man for his attorney, or to levy a fine, or to take his confession, or his answer, or other examination, as the matter requires." Termes de la Ley 148 (1st Am. ed. 1812).
in potestate parentis
adv. & adj. [Latin] Hist. In the power of a parent. See PATRIA POTESTAS.
intestate
adj. 1. Of or relating to a person who has died without a valid will < having revoked her will without making a new one, she was intestate when she died>. 2. Of or relating to the property owned by a person who died without a valid will <an intestate estate>. 3. Of or relating to intestacy <a spouse's intestate share>. Cf. TESTATE. 4. Archaic. (Of a person) not qualified to testify <the witness could not testify after being found intestate>.
intestate law.
The relevant statute governing succession to estates of those who die without a valid will.
intestate succession
See INTESTATE SUCCESSION.
intestate succession.
The method used to distribute property owned by a person who dies without a valid will. - Also termed hereditary succession. Cf TESTATE SUCCESSION.
per mitter Testate
[Law French] Hist. By passing the estate. ( This described the manner in which a joint tenant's right to an entire estate arose when the tenant received the remaining estate from the other joint tenant.
sub potestate
[Latin] Under the power of another, as in a child or other person not sui juris. See Sul JURIS.
testate succession
See TESTATE SUCCESSION.