Legal Dictionary of Pakistan

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

Ambiguitas contra stipulatorem est.

A dubious expression is construed against the party using it.

Astipulation

archaic, agreement; assent.

Furiosus stipulari non potest nec aliquod negotium agere, qui non intelligit quid agit

An insane person who knows not what he does cannot make a bargain or transact any business.

Id certum est quod certum reddi potest, red id magis certum est quod de semetipso est certum

That is certain which can be made certain, but that is more certain which is certain of itself.

In stipulationibus cum quaeritur quid actum sit, verba contra stipulatorem interpretanda sunt.

In agreements, when there is a question whether action has been taken, the terms are to be interpreted against the party offering them. Dig. 45.1.38.18.

In stipulationibus id tempus spectatur quo contrahimus.

In agreements, there is regard to the time at which we reach agreement.

Interruptio multiplex non tollit praescriptionem semel obtentam.

Repeated interruptions do not remove a prescription (or acquisition by long use) once it has been obtained.

Multipartite

adj. (Of a document, etc.) divided into many parts.

Multiplex et indistinctum parit confusionem; et quaestiones quo simpliciores, eo lucidiores

Multiplicity and indistinctness produce confusion: the simpler questions are, the more lucid they are.

Multiplicata transgressione crescat poenae inlictio

The infliction of punishment should increase with the repetition of the offense. Coke continues, Ex frequenti delicto augetur poend (q.v.). 2 Co. Inst. 479.

Non jus, sed seisina facit stipitem

Not or but seisin, makes a stock (from which the tr; heritance must descend).

QTIP trust

See TRUST.

Quoties in stipulationibus ambigua oratio est, commodissimum est id accipi quo res de quo agitur in tuto sit

Whenever in stipulations the expression is ambiguous, it is most proper to give it that interpretation by which the subject matter may be in safety.

Seisina facit stipitem

Seisin makes the stock.

Semper in stipulationibus et in caeteris contractibus id sequimur quod actum est

In stipulations and other contracts, we always follow what was done (or agreed to). Dig. 50.17.34.

Stipend

1 A salary or other regular, periodic payment. 2. A tribute to support the clergy, usu. consisting of payments in money or grain.

Stipendium

n. [Latin] Roman law. A soldier's regular pay. Cf. SALARIUM.

Stipes

n. [Latin "a trunk"] Hist. Family stock; a source of descent or title. Pl. stipites (stip-a-teez).

Stipital

adj. See STIRPITAL

Stipulated authority

see express authority.2. Governmental power or jurisdiction <within the court's authority>. 3. A governmental agency or corporation that administers a public enterprise <transit authority>. - also termed public authority.

Stipulatio

n. [Latin] Roman law. An oral contract requiring a formal question and reply, binding the replier to do what was asked. ( It is essential that both parties speak, and that the reply directly conforms to the question asked and is made with the intent to enter into a contractual obligation. No consideration is required. See actio ex stipulatu under ACTIO. "[I]t must be remembered that the law-forms used by the Romans had their origin in times when writing was neither easy nor common. It is not surprising, therefore, that among them a form of spoken words, a verbal contract, should hold the place which among us is occupied by written notes. This form stipulatio - was of a very simple character, consisting only of a question asked by one party, and an answer returned by the other .... Such forms as Spondesne mihi decem aureos dare (do you engage to give me ten aurei, or gold-pieces): answer, Spondeo (I engage) . . . . " James Hadley, Introduction to Roman Law 210 (1881). "The oldest Roman contract was the stipulatio, an oral promise made by an answer to an immediately preceding question, with the promisor using the same verb. The contract was unilateral. Only one party, the promisor, was legally liable, and he was bound strictly by the words used." Alan Watson, Ancient Law and Modern Understanding 96 (1998).

Stipulation

n. 1. A material condition or requirement in an agreement; esp., a factual representation that is incorporated into a contract as a term <breach of the stipulation regarding payment of taxes>. ( Such a contractual term often appears in a section of the contract called "Representations and Warranties." 2. A voluntary agreement between opposing parties concerning some relevant point <the plaintiff and defendant entered into a stipulation on the issue of liability>. ( A stipulation relating to a pending judicial proceeding, made by a party to the proceeding or the party's attorney, is binding without consideration. "Breach of a stipulation should not be confused with misrepresentation, which is a false statement made before or at the time the contract is made, and which induces the contract; only if it is incorporated into the contract does it become a stipulation orZerm, the breach of which will entitle the injured party to pursue the usual remedies which are available where there has been a breach of a warranty or of a condition." 1 E.W. Chance, Principles of Mercantile Law 239 (P.W. French ed., 13th ed. 1950). "Stipulations with respect to matters of form and procedure serve the convenience of the parties to litigation and often serve to simplify and expedite the proceeding. In some cases they are supported by the policy of favoring compromise in order to reduce the volume of litigation. Hence they are favored by the courts and enforced without regard to consideration." Restatement (Second) of Contracts § 94 cmt. a (1981). 3. Roman law. A formal contract by which a promisor (and only the promisor) became bound by oral question and answer. a By the sixth century A.D., stipulations were exclusively in written form. - stipulate (stip-ya-layt), vb. - stipulative (stip-ya-la-tiv), adj.

Tip

n. 1. A piece of special information; esp., in securities law, advance or inside information passed from one person to another. See INSIDE INFORMATION; INSIDER TRADING. 2. A gratuity for service given. 0 Tip income is taxable. IRC (26 USCA) § 61(a).

Tippee

Securities. A person who acquires material nonpublic information from someone in a fiduciary relationship with the company to which that information pertains.

Tipper

Securities. A person who possesses material inside information and who selectively discloses that information for trading or other personal purposes <the tippee traded 5,000 shares after her conversation with the tipper>.

Tipstaff

A court crier. Pl.

Transgressione multiplicata, crescat poenae inflictio

When transgression is repeated, let the infliction of punishment be increased. 2 Co. Inst. 479.

actio ex stipulatu

An action brought to enforce a stipulatio. See STIPULATIO.

adstipulator

n. [latin] roman law. an additional party to a contract who could enforce the contract along with the principal (i.e., the stipulator). ( an adstipulator who enforced an agreement would have to, in turn, pay the stipulator. an adstipulator was brought in to avoid the rule that a person could not directly stipulate for payment after death.

communis stipes

[Latin "common trunk"] Hist. A common ancestor.

ex stipulatu actio

[Latin] Roman & civil law. An action on a stipulation; an action given to recover marriage portions.

gross-income multiplier.

See GROSS-RENT MULTIPLIER.

gross-rent multiplier.

The ratio between the market value of rent-producing property and its annual gross rental income. ( The grossrent multiplier is used as a method to estimate a property's market value. - Abbr. GRM. -Also termed gross-income multiplier.

metropolitan stipendiary magistrate

English law. A stipendiary magistrate with jurisdiction in inner London areas. See stipendiary magistrate.

multiperil policy

See INSURANCE POLICY.

multiple access

See ACCESS,

multiple admissibility

See ADMISSIBILITY.

multiple admissibility.

The evidentiary rule that, though a piece of evidence is inadmissible under one rule for the purpose given in offering it, it is nevertheless admissible if relevant and offered for some other purpose not forbidden by the rules of evidence.

multiple counts

Several separate causes of action or charged offenses contained in a single pleading or indictment.

multiple damages

Statutory damages (such as double or treble damages) that are a multiple of the amount that the fact-finder determines to be owed. - Also termed multiplied damages. See double damages; treble damages. "[T]he statutory multiple damages differ from the common law punitive damages in that punitive damages involved no fixed sum or limit. The fixed limit of multiple damages not only reduces their threat to the defendant and the potential for abuse, it also reduces the possibility of a measured deterrence. Likewise, because the enhancement of the award is fixed by the statutory multiple, there is no occasion for introducing evidence of the defendant's wealth as there is in the case of common law punitive damages . . . . Perhaps a more important distinction is that multiple damages statutes may be enacted for entirely non-punitive purposes. Specifically, some double or treble damages statutes, and also specified 'civil penalties,' are intended to provide a kind of liquidated damages for actual losses that cannot be proved or that are otherwise unrecognized by the law." Dan B. Dobbs, Law of Remedies § 3.12, at 359 (2d ed. 1993).

multiple damages.

See DAMAGES.

multiple dependent claim

A dependent claim that refers to more than one other claim.

multiple dependent claim.

See CLAIM (s).

multiple evidence

Evidence with probative value on more than one issue but usu. admitted into evidence for one specific purpose.

multiple evidence.

See EVIDENCE.

multiple hearsay

See double hearsay under HEARSAY.

multiple job-holding

See MOONLIGHTING.

multiple listing

See LISTING (1).

multiple offense

An offense that violates more than one law but that may requiredifferent proof so that an acquittal or conviction under one statute does not exempt the defendant from prosecution under another.different proof so that an acquittal or conviction under one statute does not exempt the defendant from prosecution under another.

multiple party account

An account that has more than one owner with a current interest in the account. Multiple-party ac-counts include joint accounts, payable-on