Legal Dictionary of Pakistan

A jure suo cadunt

They fall from their right. ( That is, they lose their right.

Admeasurement

n. 1. Ascertainment, assignment, or apportionment by a fixed quantity or value, or by certain limits <the ship's admeasurement is based on its crew, engine, and capacity>. 2. A writ obtained for purposes of ascertaining, assigning, or apportioning a fixed quantity or value or to establish limits; esp., a writ available against persons who usurp more than their rightful share of property. - admeasure (ad-mezh-ar), ub.

Administrative Procedure Act.

A federal statute establishing practices and procedures to be followed in rulemaking and adjudication. 0 The Act was designed to give citizens basic dueprocess protections such as the right to present evidence and to be heard by an independent hearing officer. 2. A similar state statute.

Argumentum a divisione est fortissimum in jure

An argument based on a subdivision of the subject is most powerful in law.

Arsure en la main

n. [law french] see miser in le main.

Article of manufacture

see manufacture.

Assignatus utitur jure auctoris

An assignee is clothed with the rights of the principal.

Assured

n. Insurance. One who is indemnified against loss; insured.

Assurer

See insurer.

Attachment. 1. The seizing of a person's property to secure a judgment or to be sold in satisfaction of a judgment. - also termed (in civil law) provisional seizure. Cf. Garnishment; sequestration (1)

Base tenure.

see tenure,

Batture

[french] soil, stone, or other material that builds under water and may or may not break the surface. 0 if batture builds against a bank and breaks the surface, it becomes alluvion. See alluvion (2).

Bond indenture

1.A contract between a bond issuer and bondholder outlining a bond's face value, interest rate, maturity date, and other features. 2. A mortgage held on specified corporate property to secure payment of the bond.

Bureau Veritas

See VERITAS.

Censure

ub. To reprimand; to criticize harsh <Congress censured the senator for his inflam matory remarks>.

Cessure

See CESSER.

Code de procedure civil

A French civil-procedure code,enacted in 1806 and appended to the Code Napoleon. See NAPOLEONIC CODE.

Coinsurer

An insurer who shares losses sustained under an insurance policy. See coinsurance under INSURANCE.

Commercium jure gentium commune esse debet et non in monopolium et privatum paucorum quaestum convertendum

Commerce, by the law of nations, ought to be common and not converted into a monopoly and the private gain of a few.

Commodity Futures Trading Commission

A federal agency that supervises the trading of commodity futures and commodity options. -Abbr. CFTC.

Conatus quid sit non definitur injure

What an attempt is, is not defined in law.

Cosurety

A surety who shares the cost of performing suretyship obligations with another. See SURETY.

Court of Appeals in Cases of Capture

Hist. A court responsible for reviewing state-court decisions concerning British ships captured by American privateers during the War of Independence. ( The Court was established by Congress under the Articles of Confederation and served as the chief U.S. court from 1780 to 1787. It was the first federal court in the United States.

Cure

vb. 1. To remove legal defects or correct legal errors. ( For example, curing title involves removing defects from title to unmarketable land so that title becomes marketable. 2. The right of a seller under the UCC to correct a nonconforming delivery of goods, usu. within the contract period. - curative, adj.

De jure decimarum, originem ducens de jure patronatus, tunc cognitio spectat at legem civilem, i.e., communem

With regard to the right of tithes, deducing its origin from the right of the patron, then the cognizance of them belongs to the civil law, i.e., common law.

De jure judices, de facto juratores, respon

dent. The judges answer regarding the law, the jury on the facts.

Debenture

1 A debt secured only by the debtor's earning power, not by a lien on any specific asset. 2. An instrument acknowledging such a debt. 3. A bond that is backed only by the general credit and financial reputation of the corporate issuer, not by a lien on corporate assets. - Also termed debenture bond; unsecured bond; naked debenture; plain bond. Cf. BOND (3).

Decimae de jure divino et canonica institutione pertinent ad personam.

Tithes belong to the parson by divine right and canonical institution.

Departure

n. 1. A deviation or divergence from a standard rule, regulation, measurement, or course of conduct < an impermissible departure from sentencing guidelines>.

Disclosure

n. The act or process of making known something that was previously unknown; a revelation of facts <a lawyer's disclosure of a conflict of interest>. - disclose, z)b. - disclosural, adj. See DISCOVERY; INITIAL DISCLOSURE.

Dispensatio est mali prohibiti provida relaxatio, utilitate seu necessitate pensata; et est de jure domino regi concessa, propter impossibilitatem praevidendi de omnibus particularibus

A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity; and it is conceded by law to the king on account of the impossibility of foreknowledge concerning all particulars.

Donari videtur quod nullo jure cogente conceditur

That is considered to be given which is granted when no law compels.

Duren test

Constitutional law. A test to determine whether a jury's composition violates the fair-cross-section requirement and a criminal defendant's Sixth Amendment right to an impartial jury. 0 Under the test, a constitutional violation occurs if (1) in the venire from which the jury was selected, a distinctive group is not fairly and reasonably represented in relation to the group's population in the community, (2) the under representation is the result of a systematic exclusion of the group from the juryselection process, and (3) the government cannot reasonably justify the discrepancy. Duren u. Missouri, 439 U.S. 357, 99 S.Ct. 664 (1979). See FAIR-CROSS-SECTION REQUIREMENT; STATISTICAL DECISION THEORY; ABSOLUTE DISPARITY; COMPARATIVE DISPARITY.

Enclosure

1. Something enclosed in a parcel or envelope. 2. Land surrounded by some visible obstruction; CLOSE (1). 3. An artificial fence around one's estate. - Also spelled inclosure.

England procedure

A procedure by which -after a federal court has referred a case back to state court under the Pullman abstention doctrine, and the state court has adjudicated the state-court issues - a litigant may return to federal court to have the federal claims adjudicated. England v. Louisiana State Bd. of Med. Examiners, 375 U.S. 411, 84 S.Ct. 461 (1964). See Pullman abstention under ABSTENTION.

Est autem jus publicum et privatum quod ex naturalibus praeceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur

Public and private law is that which is collected either from natural precepts of the (law of) nations or from civil precepts; and that which in the civil law is called jus is said in the law of England to be right. Co. 1Jtt. 558.

Excessus in jure reprobatur

Excess in law is condemned.

Excessus in re qualibet jure reprobatur communi

Excess in anything at all is condemned by common law.

Expenditure

1. The act or process out; disbursement. 2. A sum paid ou:

Failure

1. Deficiency; lack; want. 2. An omission of an expected action, occurrence, or performance. See LAPSE (2). failure of a condition. A situation in which an event required in a contract is not satisfied, as a result of which the adversely affected party is discharged from performing. This situation does not void the contract; the parties are still bound, but one party does not have to perform because of the failure of the condition. failure of consideration. See FAILURE OF CONSIDERATION. failure of good behavior. A civil servant's act that is ground for removal. failure of issue. See FAILURE OF ISSUE. failure of justice. See MISCARRIAGE OF JUSTICE.

Federal Bureau of Investigation

A division of the U.S. Department of Justice charged with investigating all violations of federal laws except those specifically assigned to another federal agency. - Abbr. FBI.

Federal Procurement Regulation

See FEDERAL ACQUISITION REGULATION.

Federal Rules of Appellate Procedure

The rules governing appeals to the U.S. courts of appeals from lower courts, some federal-agency proceedings, and applications for writs. -Abbr. Fed. R. App. P.; FRAP.

Federal Rules of Bankruptcy Procedure

The rules governing proceedings instituted under the Bankruptcy Code. - Abbr. Fed. R. Bankr. P.

Federal Rules of Civil Procedure

.The rules governing civil actions in the U.S. district courts. - Abbr. Fed. R. Civ. P.; FRCP.

Federal Rules of Criminal Procedure

The rules governing criminal proceedings in the U.S. district courts. - Abbr. Fed. R. Crim. P.

Futures

n. 1. Standardized assets (such as commodities, stocks, or foreign currencies) bought or sold for future acceptance or delivery. -Also termed financial futures. 2. FUTURES CONTRACT. 3. Future claimants, esp. those who would become members of a class of persons injured by a defendant and thus included in a class action.

Haeres est aut jure proprietatis aut jure representationis

A person is an heir by either right of property or right of representation.

Id possumus quod de jure possumus

we are able to do that which we can do lawfully.

Id tantum possumus quod de jure possumus

We can do only what we can lawfully do.