Legal Dictionary of Pakistan

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

Bastardus non potest habere haeredem nisi de corpore suo legitime procreatum

A bastard cannot have an heir unless it be one lawfully begotten of his own body.

Charta non est nisi vestimentum donationis

A deed is nothing else than the vestment (or clothing) of a gift.

Equal Time Act

A federal law requiring that a broadcasting-facility licensee who permits a legally qualified candidate for public office to use the facility for broadcasting must afford an equal opportunity to all other candidates for the office. 47 USCA § 315. equal-time doctrine See FAIRNESS DOCTRINE. eques (ee-kweez), n. [Latin] Hist. A knight. equilocus (ee-kwa-loh-kas), n. [Latin] An equal.

Federal Maritime Commission

A federal agency that regulates the waterborne foreign and domestic commerce of the United States. - Abbr. FMC.

In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, illa districtio tenenda est quae magis timetur et magis ligat

In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372.

Laytime

The period permitted for the unloading of a chartered vessel. ( If more time is used to unload the vessel, the vessel's owner is entitled to compensation for the delay.

Legitime

Civil law. The part of a testator's free movable property that his or her children (and occasionally other heirs) are legally entitled to regardless of the will's terms. ( The legitime cannot be denied the children without legal cause. In Roman law, the amount of the legitime was one-fourth of the claimant's share on intestacy. - Also spelled (esp. in Scotland) legitim. - Also termed legal portion; legitimate portion; forced portion. See forced heir under HEIR.

Legitime imperanti parere necesse est

One who commands lawfully must be obeyed.

Maritime

adj. 1. Connected with or situated near the ocean. 2. Of or relating to sea navigation or commerce. "The word 'maritime' has in the Constitution its appropriate meaning, i.e., relating to the sea, and 'sea' is a word of wide extension and application .... Its classical and scriptural equivalents are applied to all sorts of navigable waters. It is not restricted, even in common speech, to waters where the tide ebbs and flows, for the Baltic Sea, the Black Sea, the Sea of Azof, the Sea of Marmora, the Mediterranean Sea, the great scenes of early maritime enterprise, have no visible tide." 1 Steven F. Friedell, Benedict on Admiralty § 103, at 7-5 (7th ed. 1996).

Maritime Administration

A federal agency that promotes and regulates the activities of the U.S. merchant marine, esp. by directing emergency operations, establishing specifications for shipbuilding and design, and determining navigation routes. ( The Maritime Act of 1981 transferred the Maritime Administration from the Department of Commerce to the Department of Transportation.

Maritime Commission

A federal agency that regulates the waterborne foreign and domestic commerce of the United States by: (1) ensuring that U.S. international trade is open to all countries on fair and equitable terms, (2) guarding against unauthorized monopolies in U.S. waterborne commerce, and (3) ensuring that financial responsibility is maintained to clean up oil spills and indemnify injured passengers.

New York Times rule

A commonsense rule of ethical conduct holding that one should not do anything arguably newsworthy - in public or in private - that one would mind having reported on the front page of a major newspaper. ( In various communities, a local newspaper is substituted for the Times. - Also termed New York Times test; New York Times v. Sullivan rule. See actual malice under MALICE.

Omnia praesumuntur legitime facta donee probetur in contrarium

All things are presumed to be done legitimately until the contrary is proved.

Overtime

1. The hours worked by an employee in excess of a standard day or week. 0 Under the Fair Labor Standards Act, employers must pay extra wages (usu. 1'fz times the regular hourly rate) to certain employees (usu. nonsalaried ones) for each hour worked in excess of 40 hours per week. 2. The extra wages paid fox excess hours worked.

Peacetime

A period in which a country has declared neither a war nor a national emergency, even if the country is involved in a conflict or quasi-conflict.

Supplemental Rules for Certain Maritime and Admiralty Claims

See MARITIME JURISDICTION.

Time

1. A measure of duration. 2. A point in or period of duration at or during which something is alleged to have occurred. 3. Slang. A convicted criminal's period of incarceration.

Timesheet

An attorney's daily record of billable and nonbillable hours, used to generate clients' bills. See BILLABLE HOUR.

Untimely

adj. Not timely <an untimely answer > .

bill quia timet.

See BILL (2).

billable time.

An attorney's or paralegit['s tint<' that is chargeable to a client. Cf. NONBILLABLF: TIME.

catch-time charter

See time charter under charter (4).

comp time

Time that an employee is allowed to take off from work instead of being paid for overtime already worked. - Also termed compensatory time.

compensatory time

See COMP TIME.

continuing part-time judge

A judge who serves repeatedly on a part-time basis by election or under a continuing appointment.

cooling time

Criminal law. Time to recover cool blood after great excitement, stress, or provocation, so that one is considered able to contemplate, comprehend, and act with reference to the consequences that are likely to follow. See COOL BLOOD. "(O]ne who controls his temper time after time, following repeated acts of provocation, may have his emotion so bottled-up that the final result is an emotional explosion ... . [I]n such a case the 'cooling time' begins to run not from earlier acts, but from 'the last straw.' . . . As was the position in regard to the adequacy of the provocation, so the early holding was that the cooling time was a matter of law for the court." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 100 (3d ed. 1982).

dead time

Time that does not count for a particular purpose, such as time not included in calculating an employee's wages or time not credited toward a prisoner's sentence. dead use A future use.

droit maritime

Frenchl

earned time

Criminal procedure. A credit toward a sentence reduction awarded to a prisoner who takes part in activities designed to lessen the chances that the prisoner will commit a crime after release from prison. 0 Earned time, which is usu. awarded for taking educational or vocational courses, working, or participating in certain other productive activities, is distinct from good time, which is awarded simply for refraining from misconduct. Cf. GOOD TIME.

effluxion of time

The expiration of a lease term resulting from the passage of time rather than from a specific action or event. - Also termed efflux of time.

enacted to punish polygamy. 48 USCA § 1480a. - Sometimes shortened to Edmunds Act. educational expense.

See EXPENSE

enlargement of time

A usu. court-ordered extension of the time allowed to perform an pwtion, esp. a procedural one.

flat time

A prison term that i§ to be served without the benefit of time-reduction allowances for good behavior and the like.

flat time.

See TIME.

flextime.

A work schedule that employees may change within their discretion, allowing them to work differing hours as long as they work their required number of hours over a specified period (usu. a week).

good time.

The credit awarded to a prisoner for

half-timer.

Hist. In England, a child excused from full-time attendance at school under the Factory and Workshop Act of 1908 so that the child could work part-time in a factory or workshop. 0 The Factory and Workshop Acts from 1901 to 1911 were repealed by the Factory and Workshop (Cotton Cloth Factories) Act of 1929 and the Factories Act of 1937.

lifetime gift

See inter uiuos gift under GIFT.

limbo time

The period when an employee is neither on duty nor off duty, as a railroad worker awaiting transportation from a duty assignment to the place of final release. 49 USCA § 21103(b)(4); Brotherhood of Locomo- tive Eng'rs v. Atchison, Topeka & Santa Fe R.R., 516 U.S. 152, 116 S.Ct. 595 (1996).

maritime belt

See territorial waters under WATER.

maritime contract

A contract that relates to a vessel in its use as such, to navigation on navigable waters, to transportation by sea, or to maritime employment. ( An action on a maritime contract falls within the admiralty jurisdiction."Though an obligation could be created by a literal contract in the time of Gains, the so-called literal contract of Justinian was not, in itself, a means of creating an obligation, but was the evidence of an obligation created in some other way . . . . The true literal contract, as described by Gaius, may be defined as a means of creating an obligation to pay money by a fictitious entry .. . in the creditor's account book . . . with the consent of the intended debtor. A, with B's consent, enters the fact that B is indebted to him ... and thereupon B is under an obligation to pay, though no money has passed between them." R.W. Leage, Roman Private Law 316-17 (C.H. Ziegler ed., 2d ed. 1930) 2. Civil law. A contract fully evidenced by a writing and binding on the signatory.

maritime court

See ADMIRALTY (1).

maritime employment

Under the Longshoremen's and Harbor Workers' Compensation Act, a job that is related to the loading, unloading, construction, or repair of a vessel. 33 USCA § 902(3).

maritime flavor

The relation of a given case to shipping concerns. ( This is a factor used in determining federal admiralty jurisdiction over a particular matter by analyzing whether the matter sufficiently relates to marine and shipping concerns and whether there is need for a federal response. "There is perhaps no more elusive concept in the law of admiralty than 'maritime flavor.' While 'maritime flavor' is incapable of precise definition, certain observations may be helpful. Generally, courts find 'maritime flavor' in those events and transactions which are major concerns of the shipping industry. This is tempered by the realization that exercise of federal control will not necessarily promote maritime shipping with the same vigor as control by a coastal or predominantly maritime state. Since federal law will not necessarily be more favorable, courts may find 'maritime flavor' only when there is a perceived need for a uniform national rule, which can only be provided by the federal sovereign." Frank L. Maraist, Admiralty in a Nutshell 23 (2d ed. 1988).

maritime interest

Interest charged on a loan secured by a sea vessel or its cargo, or both. ( Because of the lender's considerable risk, the interest rate may be extraordinarily high. -Also termed marine interest.

maritime jurisdiction

The exercise of authority over maritime cases by the U.S. district courts sitting in admiralty. See 28 USCA § 1333. 0 Cases falling within this jurisdiction are governed by the Supplemental Rules for Certain Admiralty and Maritime Claims - a supplement to the Federal Rules of Civil Procedure. See ADMIRALTY (1).

maritime law

The body of law governing marine commerce and navigation, the transportation at sea of persons and property, and marine affairs in general; the rules governing contract, tort, and workers'-compensation claims arising out of commerce on or over water. - Also termed admiralty; admiralty law. Cf. LAW OF THE SEA. maritime lien See LIEN.

maritime lien

A lien on a vessel, given to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use. - Also termed tacit hypothecation.

maritime loan

See LOAN

maritime service

Maritime law. Work performed in connection with a ship or commerce on navigable waters, such as service to preserve a ship's crew, cargo, or equipment.