Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Contutor
[Latin] Roman law. A co-guardian of a ward. ( Appointment as a co-guardian could be accomplished by testament or by court order.
Lucrum facere ex pupilli tutela tutor non debet
A guardian ought not to make money out of the guardianship of his ward.
Protutor
Civil law. A person who, though not legally appointed as a guardian, administers another's affairs.
Statutory
adj 1 Of or relating to legislation <statutory interpretation>. 2.Legislatively created <the law of patents is purely statutory>. 3. Conformable to a statute <a statutory act>.
Tutor
n. 1. One who teaches; esp., a private instructor. 2. Civil law. A guardian of a minor; a person appointed to have the care of the minor's person and estate. ( The guardian of a minor past a certain age is called a curator and has duties somewhat different from those of a tutor.
Tutor in rem suam auctor fieri non potest
A tutor cannot act for his own interest.
Tutor incertus dari non potest
An uncertain person cannot be given or appointed as tutor.
Tutor praesumitur intus habere, ante redditas rationes
A tutor is presumed to have funds in his own hands until his accounts have been rendered.
Tutor rem pupilli emere non potest
A tutor cannot purchase the property of his ward.
Tutorship
Civil law. The office and power of a tutor; the power that an individual has, sui juris, to take care of one who cannot care for himself or herself. ( The four types of tutorship are (1) tutorship by nature, (2) tutorship by will, (3) tutorship by the effect of the law, and (4) tutorship by judicial appointment. La. Civ. Code art. 247.
constitutor
[Latin "an orderer, arranger"] Roman law. A person who, by agreement, becomes responsible for the payment of another's debt."During the first half of the twelfth century the claims of the church were growing, and the duty of asserting them passed into the hands of men who were not mere theologians but expert lawyers. Then, as all know, came the quarrel between Henry and Becket. In the Constitutions of Clarendon (1164) the king offered to the prelates a written treaty, a treaty which, so he said, embodied the 'customs' of his ancestors, more especially of his grandfather. Becket, after some hesitation, rejected the constitutions. The dispute waxed hot; certain of the customs were condemned by the pope. The murder followed . . . . [F]rom [Henry's] time onwards the lay courts, rather than the spiritual, are the aggressors and the victors in almost every contest." 1 Frederick Pollock & Frederic W. Maitland, The His
fiduciarius tutor
Roman law. A fiduciary guardian; a person who by fulfilling a trust to free someone in power became his or her guardian.
magnus rotulus statutorum
[Law Latin "the great statute roll"] The first of the English statute rolls, beginning with Magna Carta and ending with Edward III.
nonstatutory bond
See voluntary bond.
restitutory interdict
An interdict by which a praetor directed something to be restored to someone who had been dispossessed of it. 2. Eccles. law. An order prohibiting a person from attending divine services or barring their being conducted at a particular place. 3. Civil law. One who is subject to interdiction.
statutory action
See ACTION:
statutory action.
An action governed by statutory law rather than equitable, civil, or common law.
statutory agent
an agent designated by law to receive litigation documents and other legal notices for a nonresident corporation. 0 in most states, the secretary of state is the statutory agent for such corporations.
statutory arson
See ARSON (2).
statutory bond
A bond given in accordance with a statute.
statutory burglary
See BURGLARY
statutory construction
1. The act or process of interpreting a statute. 2. Collectively, the principles developed by courts for interpreting statutes. - Also termed statutory interpretation. See CONSTRUCTION (2)."(T]here is not, and probably never can be, anything meriting the description of a coherent body of case-law on statutory interpretation as a whole as distinct from the interpretation of a particular statute." Rupert Cross, .Statutory Interpretation 39 (1976).
statutory crime
A crime punishable by statute. Cf common-law crime.
statutory damages
See DAMAGES.
statutory dedication
A dedication for which the necessary steps are statutorily pre-scribed, all of which must be substantially followed for an effective dedication.
statutory deed
See DEED.
statutory employee
Workers' compensation. An employee who is covered, or required to be covered, by the employer's workers'-compensation insurance and who therefore has no independent tort claim against the employer for unintentional injuries suffered on the job. See statutory employer under EMPLOYER.
statutory employer
See EMPLOYER.
statutory employer.
Workers' compensation. One who employs a statutory employee. See statutory employee under EMPLOYEE.
statutory exception
A provision in a statute exempting certain persons or conduct from the statute's operation. 3. The retention of an existing right or interest, by and for the grantor, in real property being granted to another. Cf. RESERVATION (1). - except, vb.
statutory exposition
A statute's special interpretation of the ambiguous terms of a previous statute <the statute contained a statutory exposition of the former act>. statutory extortion See EXTORTION.
statutory forced share
See ELECTIVE SHARE.
statutory foreclosure
See power-of-sale foreclosure under FORECLOSURE. statutory guardian See GUARDIAN.
statutory guardian.
A guardian appointed by a court having special statutory jurisdiction. - Also termed guardian by statute.
statutory instrument
A British administrative regulation or order.
statutory interpretation
See STATUTORY CONSTRUCTION.
statutory law
The body of law derived from statutes rather than from constitutions or judicial decisions. - Also termed statute law; legislative law; ordinary law. Cf. COMMON LAW (1); CONSTITUTIONAL LAW.
statutory lien
1. A lien arising solely by force of statute, not by agreement of the parties. ( Examples are federal tax liens and mechanic's liens. 2. Bankruptcy. Either of two types of liens: (1) a lien arising solely by force of a statute on specified circumstances or conditions, or (2) a lien of distress for rent, whether or not statutory. ( For bankruptcy purposes, a statutory lien does not include a security interest or judicial lien, whether or not the interest or lien arises from or is made effective by a statute.
statutory merger
See MERGER.
statutory merger.
A merger provided by and conducted according to statutory requirements.
statutory obligation
See OBLIGATION.
statutory obligation.
An obligation -whether to pay money, perform certain acts, or discharge duties - that is created by or arises out of a statute, rather than based on an independent contractual or legal relationship.
statutory omnibus clause
Insurance. An omnibus clause provided by statute. See OMNIBUS CLAUSE (1).
statutory partnership association
See PARTNERSHIP ASSOCIATION.
statutory penalty
A penalty imposed for a statutory violation; esp., a penalty imposing automatic liability on a wrongdoer for violation of a statute's terms without reference to any actual damages suffered.
statutory presumption
A rebuttable or conclusive presumption that is created by statute. Thayer presumption. See THAYER PRESUMPTION.
statutory rape
See RAPE.
statutory redemption
The statutory right of a defaulting mortgagor to recover property, within a specified period, after a foreclosure or tax sale, by paying the outstanding debt or charges. ( The purpose is to protect against the sale of property at a price far less than its value. See REDEMPTION PERIOD.
statutory release
Hist. A conveyance superseding the compound assurance by lease and release, created by the Conveyance by Release Without Lease Act of 1841 (St. 4 & 5 Vict., ch. 21).
statutory right of redemption
The right of a mortgagor in default to recover property after a foreclosure sale by paying the principal, interest, and other costs that are owed, together with any other measure required to cure the default. ( This statutory right exists in many states but is not uniform. See REDEMPTION.