Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A family, including household servants
"Familia A family or household, including servants, that is, hired persons (mercenarii or conductitii,) as well as bondsmen, and all who were under the authority of one master, (dominus.) Bracton uses the word in the original sense, as denoting servants or domestics." 1 Alexander M. Burrill, A Law Dictionary and Glossary 603-04 (2d ed. 1867)
Admiralty Clause.
The clause of the U.S. Constitution giving the federal courts jurisdiction over maritime cases. U.S. Const. art. III, § 2, cl. 1.
Arbitration clause
a contractual provision mandating arbitration - and thereby avoiding litigation - of disputes about the contracting parties' rights, duties, and liabilities.
Arson clause
an insurance-policy provision that excludes coverage of a loss due to fire if the insured intentionally started the fire.
Assignee clause
a provision of the judiciary act of 1789 that prevented a litigant without diversity of citizenship from assigning a claim to another who did have the required diversity. ( in 1948 the assignee clause was replaced by 28 usca § 1359, which denies federal jurisdiction when a party is improperly or collusively joined, by assignment or otherwise. Merely to invoke jurisdiction.
Assignment-of-rents clause
a mortgage provision. Or separate agreement that entitles the lender to collect rents from the mortgaged premises if the borrower defaults.
Assumption clause
1. A mortgage provision that prohibits another from assuming the mortgage without the permission of the mortgagee. 2. A provision by which the transferee of an instrument agrees to assume an obligation of the transferor.
Attestation clause
A provision at the end of an instrument (esp. A will) that is signed by the instrument's witnesses and that recites the formalities required by the jurisdiction in which the instrument might take effect (such as where the will might be probated). ( the attestation strengthens the presumption that all the statutory requirements for executing the will have been satisfied. Cf. Testimonium clause. Attested copy. See certified copy under copy.
Automatic-adjustment clause
a provision in a utility-rate schedule that allows a public utility to increase its rates without a public hearing or state review, if certain operating costs, such as the price of fuel, increase. Federal energy regulatory comm'n v. Mississippi, 456 u.s. 742, 102 s.ct. 2126 (1982).
Ayant cause
civil law. One to whom a right has been assigned by will, gift, sale, or exchange; an assignee.
Bankruptcy clause
see ipso facto clause.
Basket clause.
see necessary and proper clause.
Bawdy house .
see disorderly house.
Beneficial use
see use (1).
COB clause
Insurance. A coordination-of-benefits clause, which provides that the total sums paid for medical and hospital care will not exceed the benefits receivable from all combined sources of insurance.
Calvo clause
A contractual clause by which an alien waives his right to invoke diplomatic immunity. ( Such a clause typically appears in a contract between a national government and an alien.
Cause
ub. To bring about or effect <dry conditions caused the fire>.
Chairman of Committees of the Whole House
The member of Parliament who presides over the House of Commons when it is sitting in committee.
Citizenship Clause
The clause of the U.S. Constitution providing that all persons born or naturalized in the United States are citizens of the United States and the state they reside in. U.S. Const. art. XIV, § 1, cl. 1.
Clause
n. 1. A distinct section or provision of a legal document or instrument. 2. ITEM (3). -clausal, adj.
Clearinghouse
1. A place where banks exchange checks and drafts and settle their daily balances; an association of banks or other payors regularly clearing items. See UCC § 4-104(a)-(d). 2. A stock-and-commodity exchange where the daily transactions of the brokers are cleared. 3. Any place for the exchange of specialized information.
Clerk of the House of Commons
English law. An officer of the House of Commons who keeps the House journal, signs orders, indorses bills sent to the House of Lords, and has custody of all records. ( The Clerk is appointed for life by the Crown.
Coefficient Clause.
See NECESSARY AND PROPER CLAUSE.
Coinage Clause
The provision in the U.S. Constitution (art. I, § 8, cl. 5) granting to Congress the power to coin money.
Comity Clause
The clause of the U.S. Constitution giving citizens of one state the right to all privileges and immunities enjoyed by citizens of the other states. U.S. Const. art. N, § 2, cl. 1. See PRIVILEGES AND IMMUNITIES CLAUSE.
Commander in Chief Clause
The clause of the U.S. Constitution appointing the President as supreme commander of the military. U.S. Const. art. I, § 8, cl. 3.
Commerce Clause
U.S. Const. art. I, § 8, cl. 3, which gives Congress the exclusive power to regulate commerce among the states, with foreign nations, and with Indian tribes.
Compact Clause
U.S. Const. art. I, § 10, cl. 3, which disallows a state .from entering into a contract with another state or a foreign country without congressional approval.
Compulsory Process Clause
The clause of the Sixth Amendment to the U.S. Constitution giving criminal defendants the subpoena power for obtaining witnesses in their favor.
Confrontation Clause
The Sixth Amendment provision guaranteeing a criminal defendant's right to directly confront an accusing witness and to cross-examine that witness.
Constitutiones tempore posteriores potiores sunt his quse ipsas praecesserunt
Later laws prevail over those that preceded them.
Contract Clause
See CONTRACTS CLAUSE,
Contracts Clause
The clause of the U.S. Constitution prohibiting states from passing a law that would impair private contractual obligations. ( The Supreme Court has generally interpreted this clause so that states can regulate private contractual obligations if the regulation is reasonable and necessary. U.S. Const. art. I, § 10, cl. 1. - Also termed Contract Clause; Obligation of Contracts Clause.
Copyright Clause
U.S. Const. art. I, § 8, cl. 8, which gives Congress the power to secure to authors the exclusive rights to their writings for a limited time.
Counting House of the King's Household
See BOARD OF GREEN CLOTH.
Court for Divorce and Matrimonial Causes
Hist. A court exercising jurisdiction over family issues, such as legitimacy and divorce. ( The Court, which was established in 1857, acquired the matrimonial jurisdiction previously exercised by the ecclesiastical courts. It consisted of the Lord Chancellor, the Chief Justices of the Queen's Bench and Common Pleas, the Chief Baron of Exchequer, the senior puisne judges of the last three courts, and the Judge Ordinary. In most instances, the Judge Ordinary heard the cases. The Judicature Act of 1873 abolished the Court and transferred its jurisdiction to the Probate Divorce and Admiralty Division (now Family Division) of the High Court of Justice.
Court of the Steward of the King's Household
Hist. A court having jurisdiction overcriminal cases involving a member of the royal household. ( This court's jurisdiction was at first limited to acts of violence by the king's servants toward a member of the king's council, but it was later given broader criminal authority. The Court was abolished in 1828.
Courthouse
See COURT (5).
Customhouse
A building or office, esp. at a port, where duties or customs are collected and where ships are cleared for entering or leaving the port. - Also spelled customshouse. customhouse broker See BROKER.
Disposing Clause
The clause of the U.S. Constitution giving Congress the power to dispose of property belonging to the federal government. U.S. Const. art. IV, § 3, cl. 2.
Dormant Commerce Clause
See COMMERSCE CLAUSE.
Dormant Commerce Clause. The constitutional principle that the Commerce Clause prevents state regulation of interstate commercial activity even when Congress has not acted under its Commerce Clause po
Commerce Court. See COURT
Double Jeopardy Clause
The Fifth Amendment provision stating, "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb." ( The amendment was ratified in 1791.
Due Process Clause
The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property. 0 There are two Due Process Clauses in the U.S. Constitution, one in the 5th Amendment applying to the federal government, and one in the 14th Amendment applying to the states (although the 5th Amendment's Due Process Clause also applies to the states under the incorporation doctrine). Cf. EQUAL PROTECTION CLAUSE.
Elastic Clause.
See NECESSARY AND PROPER CLAUSE.
Eminent Domain Clause
The Fifth Amendment provision providing that private property cannot be taken for public use without just compensation.
Emolument Clause
The clause of the U.S. Constitution prohibiting titles of nobility and the acceptance of a gift, title, or other benefit from a foreign power. U.S. Const. art. I, § 9, cl. 8.
Equal Protection Clause
The 14th Amendment provision requiring the states to give similarly situated persons or classes similar treatment under the law. Cf. DUE PROCESS CLAUSE.
Establishment Clause
The First Amendment provision that prohibits the government from creating or favoring a particular religion. U.S. Const. amend. I. Cf. FREE EXERCISE CLAUSE.
Ex Post Facto Clause
One of two clauses in the U.S. Constitution forbidding the enactment of ex post facto laws. U.S. Const. art. I, § 9; art. I, § 10.