Dictionary Search: "UPA" - Pakistan Law Portal

In re lupanari testes lupanares admittentur

In a matter concerning a brothel, prostitutes will be admitted as witnesses.

Nuncupare

vb. [Latin "call by name"] Hist. To name or pronounce orally. ( Nuncupare heredem means to name an heir before public witnesses.

Occupant

. 1. One who has possessory rights in, or control over, certain property or premises. 2. One who acquires title by occupancy.

Occupantis hunt derelicta

Things abandoned become the property of the (first) occopant

Occupational Safety and Health Act of 1970.

A 1970 federal statute that requires employers to (1) keep the workplace free from recognized hazards that cause or are likely to cause death or serious physical harm to employees, and (2) comply with standards promulgated by the Secretary of Labor. - Abbr. OSHA (oh-shay.) "Although OSHA has been one of the most controversial pieces of protective legislation ever enacted, Congress has not passed any substantive amendments to the Act. There have been, however, some limitations on OSHA enforcement activity attached to appropriations bills. In addition, OSHA has been affected by newer laws such as the Criminal Fine Enforcement Act, the Equal Access to Justice Act, and the Surface Transportation Assistance Act .... The Act covers employment in every state, the District of Columbia, Puerto Rico, and all American territories, an estimated 5 million workplaces and 75 mullion employees." Mark A. Rothstein, Occupational Safety and Health Law 7 (1990).

Occupational Safety and Health Administration.

A federal agency that establishes and enforces health and safety standards in various industries. ( This agency, created in 1970 as part of the Labor Department, routinely conducts inspections of businesses and issues citations for noncompliance with its standards. -Abbr. OSHA.

Quod nullius est id ratione naturali occupanti conceditur

What belongs to no one, by natural reason becomes property of the first occupant. Dig. 41.1.3.

Res nullius naturaliter fit primi occupantis

A thing that has no owner naturally belongs to the first taker.

Res quae intra praesidia perductae nondum sunt quanquam ab hostibus occupatae, ideo postliminii non egent, quia dominum nondum mutarunt ex gentium jure

Things that have not yet been brought within the enemy's camp, although held by the enemy, do not need the fiction of postliminy on this account, because their ownership by the law of nations has not yet changed.

Terra manens vacua occupanti conceditur

Land lying unoccupied is given to the occupant,

UPA

abbr. UNIFORM PARTNERSHIP ACT.

Vagabundum nuncupamus eum qui nullibi domicilium contraxit habitationis

We call the person a vagabond who has acquired nowhere a domicile of residence.

bona fide occupational qualification.

An employment qualification that, although it may discriminate against a protected class (such as sex, religion, or national origin), relates to an essential job duty and is considered reasonably necessary to the operation of the particular business. 0 Such a qualification is not illegal under federal employment-discrimination laws. - Abbr. BFOQ. "The bona fide occupational qualification is a complete defense. It is invoked when the defendant makes a distinction expressly forbidden by Title VII, such as the refusal to hire women or women with preschool-age children, the reassignment of pregnant employees, or the exclusion of particular ethnic groups from particular jobs .... The employer's motivation for excluding the protected class is not significant in evaluating the BFOQ defense. The inquiry focuses on the necessity of using an expressly forbidden classification. The fact that the employer adopted the exclusion for invidious reasons, rather

certificate of occupancy

A document indicating that a building complies with zoning and building ordinances. ( A certificate of occupancy is often required before title can be transferred and the building occupied.

common occupant

See general occupant under OCCUPANT.

general occupant

See OCCUPANT.

general occupant.

A person who occupies land in the interim arising after the death of a pur autre vie tenant but before the death of the person who serves as the measuring life for the estate. ( A general occupancy can arise when the grant to the pur autre vie tenant does not state who may occupy the land after the death of the first tenant. Because no heir is named, the land can be occupied by the first possessor of the land. -Also termed common occupant. Cf. CESTUI QUE VIE.

interim-occupancy agreement

A contract governing an arrangement (called a leaseback) whereby the seller rents back property from the buyer. See LEASEBACK. interim order. See ORDER (2)

nonoccupant visitor. Criminal procedure.

A person who owns, coowns, is employed by, or is a patron of a business enterprise where a search is being conducted in accordance with a search warrant.

nonoccupational,

adj. 1. Not relating to one's job. 2. Of or relating to a general-disability policy providing benefits to an individual whose disability prevents that individual from working at any occupation.

nuncupate

vb. [fr. Latin nuncupare "call by name"] 1. Hist. To designate or name. 2. To vow or declare publicly and solemnly. 3. To declare orally, as a will. 4. To dedicate or inscribe (a work).

nuncupative

adj. [fr. Latin nuncupare "to name"] Stated by spoken word; declared orally.

nuncupative will

. An oral will made in contemplation of imminent death from an injury recently incurred. ( Nuncupative wills are invalid in most states, but in those states allowing them, the amount that may be conveyed is usu. limited by statute, and they traditionally apply only to personal property. - Also termed oral will; unwritten will; verbal will. "Nuncupative (i.e., oral) wills are by statute in almost all States required to be proved by two (sometimes three) witnesses, who were present and heard the testamentary words." John H. Wigmore, A Students' Textbook of the Law of Evidence 299 (1935)

occupancy.

1. The act, state, or condition of holding, possessing, or residing in or on something; actual possession, residence, or tenancy, esp. of a dwelling or land. 2. The act of taking possession of something that has no owner (such as abandoned property) so as to acquire legal ownership. See ADVERSE POSSESSION. 3. The period or term during which one owns, rents, or otherwise occupies property. 4. The state or condition of being occupied. 5. The use to which property is put.

occupare

, vb. [Latin] Civil law. To seize or take possession of (property); to enter (land) upon a vacant possession.

occupatile

. Hist. Property that has been left by its rightful owner and is now possessed by another.

occupatio

. Roman law. A mode of acquisition by which a person obtains absolute title by first possessing a thing that previously belonged to no one, such as a fish in the sea or a wild bird.

occupation tax

An excise tax imposed for the privilege of carrying on a business, trade, or profession. & For example, many states require lawyers to pay an occupation tax. -Also termed occupational tax.

occupation.

1. An activity or pursuit in which a person is engaged; esp., a person's usual or principal work or business. 2. The possession, control, or use of real property; OCCUPANCY. 3. The seizure and control of a territory by military force; the condition of territory that has been placed under the authority of a hostile army. 4. The period during which territory seized by military force is held.

occupational discus

See occupational discus

occupational disease.

A disease that is contracted as a result of exposure to debilitating conditions or substances in the course of employment. ( Employees who suffer from occupational diseases are eligible for workers' compensation. Courts have construed the term to include a variety of ailments, including lung conditions (such as asbestosis or black lung), hearing loss, and carpal tunnel syndrome. -Also termed industrial disease. "Certain diseases and infirmities which develop gradually and imperceptibly as a result of engaging in particular employments and which are generally known and understood to be usual incidents or hazards thereof, are distinguished from those having a traumatic origin, or otherwise developing suddenly and unexpectedly, by the terms occupational,' and 'industrial.'" 82 Am. Jur. 2d Workers' Compensation § 326 (1992).

occupational hazard.

A danger or risk that is peculiar to a particular calling or occupation. ( Occupational hazards include both accidental injuries and occupational diseases.

occupational tax

. See occupation tax under TAX.

occupational-disability insurance.

See INSURANCE.

occupavit

[Law Latin] Hist. A writ to regain possession to land or a tenement from which one was ejected in time of war.

service-occupation tax

A tax imposed on persons who sell services, usu. computed as a percentage of net cost of the tangible personal property transferred as an incident to the sale.

special occupant