Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A digniori fieri debet denominatio et resolutio
The denomination and explanation ought to be derived from the more worthy.
Aboutissement
[Law French] An abuttal or abutment.
Arrest in execution
see arrest on final process under arrest.
Arrest in execution.
See arrest on final process.
Articles of dissolution
a document that a dissolving corporation must file with the appropriate governmental agency, usu. The secretary of state, after the corporation has settled all its debts and distributed all its assets.
Assignatus utitur jure auctoris
An assignee is clothed with the rights of the principal.
Astitution
archaic. See arraignment.
Attribution
n. The process - outlined in the internal revenue code - by which a person's or entity's stock ownership is assigned to a related family member or entity for tax purposes. - also termed stock attribution. - attribute, ub. - attributive, adj.
Attribution right.
see moral right
Boni judicis est judicium sine dilatione mandare executioni
It is the role of a good judge to render judgment for execution without delay.
Clausula vel dispositio inutilis per praesumptionem remotam vel causam ex post facto non fulcitur
A useless clause or disposition is not supported by a remote presumption or by a cause arising afterwards. ( A useless clause or disposition is one that expresses no more than the law by intendment would have supplied; it is not supported by a remote presumption or foreign intendment of some purpose, in regard whereof it might be material, or by a cause arising afterwards that may induce an operation of those idle words.
Constitution
1.The fundamental and organic law of a nation or state, establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner of its exercise.
Constitutiones tempore posteriores potiores sunt his quse ipsas praecesserunt
Later laws prevail over those that preceded them.
Constitutions of Clarendon
Hist. Statutes enacted in 1164, during the reign of Henry II, by which the jurisdiction of the ecclesiastical courts was limited and the clerics' exemptions from secular jurisdiction were greatly narrowed.
Constitutum esse eam domum unicuique nostrum debere existimari, ubi quisque sedes et tabulas haberet, suarumque rerum constitutionem fecisset.
It is a settled principle that what ought to be considered the home of each of us is where he has his dwelling, keeps his records, and has established his business.
Contribution
1. The right that gives one of several persons who are liable on a common debt the ability to recover ratably from each of the others when that one person discharges the debt for the benefit of all; the right to demand that another who is jointly responsible for a third party's injury supply part of what is required to compensate the third party. - Also termed right of contribution. 2. A tortfeasor's right to collect from others responsible for the same tort after the tortfeasor has paid more than his or her proportionate share, the shares being determined as a percentage of fault. 3. The actual payment by a joint tortfeasor of a proportionate share of what is due. Cf. INDEMNITY. 4. WAR CONTRIBUTION.
Debet sua cuique domus esse perfugium tutissimum
Every person's house should be his safest refuge.
Decimae de jure divino et canonica institutione pertinent ad personam.
Tithes belong to the parson by divine right and canonical institution.
Decipi quam fallere est tutius
It is safer to be deceived than to deceive.
Dilution
1. The act or an instance of diminishing a thing's strength or lessening its value. 2. Corporations. The reduction in the monetary value or voting power of stock by increasing the total number of outstanding shares. 3. Constitutional law. The limitation of the effectiveness of a particular group's vote by legislative reapportionment or political gerrymandering. Such dilution violates the Equal Protection Clause. - Also termed vote dilution. 4. Trademarks. The impairment of a trademark's strength or effectiveness caused by the use of the mark on an unrelated product, usu. blurring the trademark's distinctive character or tarnishing it with an unsavory association. 0 Trademark dilution may occur even when the use is not competitive and when it creates no likelihood of confusion.
Diminutio
See DEMINUTIO.
Director of Public Prosecutions
An officer (usu. a barrister or solicitor of ten years' standing) who advises the police and prosecutes criminal cases in England and Wales under the supervision of the Attorney General.
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.
Disseisinam satin facit qui uti non permittit possessorem, vel minus commode, licet omnino non expellat
A person commits disseisin if he does not permit the possessor to enjoy, or makes the possessor's enjoyment less useful, even if the disseisor does not expel the possessor altogether. Co. Litt. 331.
Domus sua cuique est tutissimum refugium.
Everyone's house is his safest refuge.
Domus tutissimum cuique refugium atque receptaculum sit
Everyone's house should be his safest refuge and shelter.
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
Ex tota materia emergat resolutio
The construction or explanation should arise out of the whole subject matter.
Exceptio ejus rei cujus petitur dissolutio nulla est
There is no exception based on the very matter for which a solution is heirs, sough! .
Executio est executio juris secundum judicium
Execution is the execution of the law according to the judgment.
Executio est finis et fructus legis
Execution of the law is its end and fruition.
Executio legis non habet injuriam
Execution of the law cannot work an injury.
Execution
n. 1. The act of carrying out or putting into effect (as a court order) <execution of the court's decree>. 2. Validation of a written instrument, such as a contract or will, by fulfilling the necessary legal requirements <delivery of the goods completed the contract's execution>. 3. Judicial enforcement of a money judgment, usu. by seizing and selling the judgment debtor's property <even if the plaintiff receives a judgment against the foreign debtor, execution is unlikely>. 4. A court order directing a sheriff or other officer to enforce a judgment, usu. by seizing and selling the judgment debtor's property <the court issued the execution authorizing seizure of the car>. - Also termed writ of execution; judgment execution; general execution. "A writ of execution is an authorization to an executive officer, issued from a court in which a final judgment has been rendered, for the purpose of carrying such judgment into force and effect. It is founded upon the judgment, must generally be conformed to it in every respect, and the plaintiff is always entitled to it to obtain a satisfaction of his claim, unless his right has been suspended by proceedings in the nature of an appeal or by his own agreement." Benjamin J. Shipman, Handbook of Common-Law Pleading § 26, at 50 (Henry Winthrop Ballantine ed., 3d ed. 1923).
Executioner
A person who puts another person to death to carry out a death sentence; a person who carries out capital punishment on the state's behalf. execution lien. See LIEN,
Executive
n. 1. The branch of government responsible for effecting and enforcing laws; the person or persons who constitute this branch. ( The executive branch is sometimes said to be the residue of all government after subtracting the judicial and legislative branches. Cf. LEGISLATURE; JUDICIARY (1).
Favorabiliores sunt executiones aliis processibus quibuscunque
Executions are preferred to all other processes whatever.
Federal Insurance Contributions Act
The federal act imposing the social-security tax on employers and employees. IRC (26 USCA) §§ 3101-3127. - Abbr. FICA.
In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est
In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, most liberal.
In dubio, sequendum quod tutius est.
In a doubtful case, the safer course is to be followed.
In his enim quae sunt favorabilia animae, quamvis sunt damnosa rebus, fiat aliquando extentio statuti.
In things that are favorable to the spirit, though injurious to property, an extension of the statute should sometimes be made.
In re dubia benigniorem interpretationem sequi non minus justius est quam tutius
In a doubtful matter, to follow the more liberal interpretation is as much the more just as it is the safer course.
In restitutionem, non in poenam, haeres succedit
The heir succeeds to the restitution, not the penalty.
In restitutionibus benignissima interpretatio facienda est
The most favorable construction is to be made in restitutions.
Institution
1. The commencement of something, such as a civil or criminal action. 2. An elementary rule, principle, or practice. 3. An established organization, esp. one of a public character, such as a facility for the treatment of mentally disabled persons. - Also termed public institution. 4. Civil law. A testator's appointment of an heir; the designation of an institute. See INSTITUTE (5). 5. Eccles. law. The investiture of a benefice, by which a cleric becomes responsible for the spiritual needs of the members of a parish. Cf. PRESENTATION; ADVOWSON.
Inutilis labor et sine fructu non est effectus legis
Useless and fruitless labor is not the effect of law.
Juris effectus in executione consistit
The effect of law (or of a right) consists in the execution.
Legis minister non tenetur, in executione offscii sui, fugere aut retrocedere
The minister of the law is not bound, in the execution of his office, either to flee or to retreat.
Lex est ratio summa, quae jubet quae sunt utilia et necessaria, et contraria prohibet
Law is the highest form of reason, which commands what is useful and necessary and forbids the contrary.
Lex est tutissima cassis; sub clypeo legis nemo decipitur
Law is the safest helmet; under the shield of the law no one is deceived.
Lex neminem cogit ad vana seu inutilia peragenda
The law forces no one to do vain or useless things.