Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Community
1. A neighborhood, vicinity, or locality. 2. A society or group of people with similar rights or interests. 3. A collection of common interests that arise from an association.
Equal Credit Opportunity Act
A federal statute prohibiting a creditor from discriminating against an applicant on the basis of race, color, religion, national origin, age, sex, or marital status with respect to any aspect of a credit transaction. 15 USCA §§ 1691 et seq.
Equal Employment Opportunity Commission
A federal agency created under the Civil Rights Act of 1964 to end discriminatory employment practices and to promote nondiscrim- inatory employment programs.( The EEOC investigates alleged discriminatory employment practices and encourages mediation and other nonlitigious means of resolving employment disputes. A claimant is required to file a charge of discrimination with the EEOC before pursuing a claim under Title VII of the Civil Rights Act and certain other employment-related statutes. - Abbr. EEOC.
European Community
See EUROPEAN UNION.
European Economic Community
See EUROPEAN UNION.
Immunity
1. Any exemption from a duty, liability, or service of process; esp., such an exemption granted to a public official. "An immunity is a defense to tort liability which is conferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the person, activity or entity in question at the expense of those injured by its tortious act. Historically, tort litigation against units of government, public officers, and charities, and between spouses, parents and children, has been limited or prohibited on this basis." Edward J. Kionka, Torts in a Nutshell 341 (2d ed. 1992).
Opportunity
The fact that the alleged doer of an act was present at the time and place of the act.
Unity
n. 1. The fact or condition of being one in number; oneness. 2. At common law, a requirement for the creation of a joint tenancy. 0 The four unities are interest, possession, time, and title. - unitary, adj. See joint tenancy under TENANCY.
absolute immunity
See IMMUNITY (I). absolute interest. See INTEREST (2).
absolute immunity.
A complete exemption from civil liability, usu. afforded to officials while performing particularly important functions, such as a representative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity.
charitable immunity
See IMMUNITY (2).
community account
An account consisting of commingled and community funds. See COMMUNITY PROPERTY.
community debt
A debt that is chargeable to the community of husband and wife rather than to either individually. See COMMUNITY PROPERTY.
community lease
A lease in which a number of lessors owning interests in separate tracts execute a lease in favor of a single lessee.
community of interest
1. Participation in a joint venture characterized by shared liability and shared opportunity for profit. See JOINT VENTURE. 2. A common grievance that must be shared by all class members to maintain the class action. See CLASS ACTION. 3. Labor law. A criterion used by the National Labor Relations Board in deciding whether a group of employees should be allowed to act as a bargaining unit. ( The Board considers whether the employees have similar duties, wages, hours, benefits, skills, training, supervision, and working conditions. See BARGAINING UNIT.
community property
See COMMUNITY PROPERTY.
community trust
See COMMUNITY TRUST.
community-property state
A state in which spouses hold property that is acquired during marriage (other than property acquired by inheritance or individual gift) as community property. See COMMUNITY PROPERTY. Cf. COMMON-LAW STATE.
congressional immunity
Either of two special immunities given to members of Congress: (1) the exemption from arrest while attending a session of the body to which the member belongs, excluding an arrest for treason, breach of the peace, or a felony, or (2) the exemption from arrest or questioning for any speech or debate entered into during a legislative session. U.S. Const. art. I, § 6, cl. 1. See SPEECH AND DEBATE CLAUSE.
constitutional immunity
Immunity created by a constitution.
contemporary community standard
The gauge by which a fact-finder decides whether material is obscene, judging by its patent offensiveness and its pruriency in the locale at a given time. See OBSCENITY (1).
corporate immunity
A corporate officer's immunity from personal liability for a tortious act committed while acting in good faith and within the course of corporate duties.
corporate-opportunity doctrine
The rule that a corporation's directors, officers, and employees are precluded from using information gained as such to take personal advantage of any business opportunities that the corporation has an expectancy right or property interest in, or that in fairness should otherwise belong to the corporation. ( In a partnership, the analogous principle is the firm-opportunity doctrine.
derivative-use immunity.
See use immunity under IMMUNITY (3).
diplomatic immunity
The general exemption of diplomatic ministers from the operation of local law, the exception being that a minister who is plotting against the security of the nation to which he or she is accredited may be arrested and sent out of the country. ( A minister's family shares in diplomatic immunity to a great, though ill-defined, degree.
discovery immunity
A (usu. statutory) prohibition that excludes certain documents or information from discovery.
discretionary immunity
A qualified immunity for a public official's acts, granted when the act in question required the exercise of judgment in carrying out official duties (such as planning and policy-making). 28 USCA § 2680(a)."Probably no one test will control the decision on discretionary immunity. Although the fact that the government has omitted to act is not in itself a defense, the discretionary immunity is frequently emphasized in nonfeasance cases. On the other hand, where the government's activity is affirmative, specific, and in violation of a statute, regulation, or constitutional provision imposing a duty upon government, courts are often willing to say there is no room for discretion." Prosser and Keeton on the Law of Torts § 131, at 1041-42 (W. Page Keeton ed., 5th ad. 1984).
equal-opportunity employer
An employer who agrees not to discriminate against any job applicarit or employee on the basis of race, color, religion, sex, natural origin, age, or disability. - Abbr. EOE.
executive immunity
1. The absolute immunity of the U.S. President or a state governor from civil damages for actions that are within the scope of official responsibilities. 2. The qualified immunity from civil claims against lesser executive officials, who are liable only if their conduct violates clearly established constitutional or statutory rights. ( Executive immunity generally protects an official while carrying out clearly established responsibilities about which a reasonable person would know. Cf. executive privilege under PRIVILEGE (1).
firm-opportunity doctrine
See CORPORATE-OPPORTUNITY DOCTRINE.
foreign immunity
See IMMUNITY
government immunity
See sovereign immunity.
governmental immunity.
See sovereign immunity under IMMUNITY (1).
husband-wife immunity.
The immunity of one spouse from a tort action by the other spouse for personal injury.( This immunity has been abolished in most states. - Also termed interspousal immunity; marital immunity.
impunity
An exemption or protection from punishment <because she was a foreign diplomat, she was able to disregard the parking tickets with impunity>. See IMMUNITY.
informal immunity.
See pocket immunity under IMMUNITY (3).
intergovernmental immunity
The immunity between the federal and state governments based on their independent sovereignty. See INTERGOVERNMENTAL-IMMUNITY DOCTRINE.
intergovernmental-immunity doctrine
Constitutional law. The principle that both the federal government and the states are independent sovereigns, and that neither sovereign may intrude on the other in certain political spheres. Cf, PREEMPTION.
international legal community
1. The collective body of countries whose mutual legal relations are based on sovereign equality. 2. More broadly, all organized entities having the capacity to take part in international legal relations. 3. An integrated organization on which a group of countries, by international treaty, confer part of their powers for amalgamated enterprise. ( In this sense, the European Community is a prime example.
interspousal immunity
See husband-wife immunity under IMMUNITY (2).
judgmental immunity
See ERROR-OF-JUDGMENT RULE.
judicial immunity
The immunity of a judge from civil liability arising from the performance of judicial duties.
last-opportunity doctrine
See LAST-CLEAR. CHANCE DOCTRINE.
legislative immunity
The immunity of a legislator from civil liability arising from the performance of legislative duties. See congressional immunity.
marital immunity
See husband-wife immunity.
opportunity cost
The cost of acquiring an asset measured by the value of an alternative investment that is forgone <her opportunity cost of $1,000 in equipment was her consequent inability to invest that money in bonds>. - Also termed implicit cost.
opportunity cost.
See COST (1).
opportunity to be heard
The chance to appear in a court or other tribunal and present evidence and argument before being deprived of a right by governmental authority. ( The opportunity to be heard is a fundamental requirement of procedural due process. It ordinarily includes the right to receive fair notice of the hearing, to secure the assistance of counsel, and to cross-examine adverse witnesses. See procedural due process under DUE PROCESS.
parent-child immunity
See parental immunity under IMMUNITY (2).
parental immunity
1. The principle that an unemancipated minor child is prohibited from suing a parent for damages allegedly caused by parental negligence. ( This immunity has been retained by most states but is not applied in intentional-tort cases or in auto-accident cases covered by insurance. -Also termed parent-child immunity. 2. The principle that parents are not liable for damages caused by the ordinary negligence of their minor child. 3. Criminal law. Freedom from prosecution granted by the government in exchange for the person's testimony. ( By granting immunity, the government can compel testimony - despite the Fifth Amendment right against selfincrimination - because that testimony can no longer incriminate the witness.