Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Involuntary

adj. Not resulting from a free and unrestrained choice; not subject to control by the will. - involuntariness, n. "[T]he law, like everyday thought, usually confines the notion of involuntary to that subclass of cases which involve purely physical, physiological, or psychological movements of our limbs, like reflexes and convulsions, movements in sleep, during sleepwalking, or under hypnosis, or due to some disease of the brain, lunacy, or automatism." Alan R. White, Grounds of Liability 60-61 (1985). involuntary alienation See ALIENATION.

Involuntary bailment

a bailment that arises when a person accidentally, but without any negligence, leaves personal property in another's possession. ( an involuntary bailee who refuses to return the property to the owner can be liable for conversion. -also termed involuntary deposit. See abandoned property, lost property, mislaid property under property. Lucrative bailment. See bailment for hire. Naked bailment. See gratuitous bailment.2. The personal property delivered by the bailor to the bailee. 3. The contract or legal relation resulting from such a delivery. 4. The act of posting bail for a criminal defendant. 5. The documentation for the posting of bail for a criminal defendant.

Involuntary bankruptcy

a bankruptcy proceeding initiated by creditors (usu. Three or more) to force the debtor to declare bankruptcy or be legally declared bankrupt. 11 usca § 303(b).

Voluntary

adj. 1. Done by design or intention <voluntary act>. 2. Unconstrained by interference; not impelled by outside influence. <voluntary statement>. 3. Without valuable consideration; gratuitous <voluntary gift>. 4. Having merely nominal consideration <voluntary deed>. -voluntariness, n.

Voluntary arbitration

arbitration by the agreement of the parties.

Voluntary assignment

see general assignment.

Voluntary bankruptcy

a bankruptcy proceeding initiated by the debtor. 11 usca § 301.2. The fact of being financially unable to pay one's debts and meet one's obligations; insolvency. - also termed failure to meet obli-gataons. 3. The status of a party who has declared bankruptcy under a bankruptcy statute. 4. The fact of having declared bankruptcy under a bankruptcy statute. 5. The field of law dealing with the rights and entitlements of debtors and creditors in bankruptcy.

Voluntary bar

a bar association that lawyers need not join to practice law. 3. A particular court or system of courts <case at bar>. ( originally, case at bar referred to an important case tried "at bar" at the royal courts of justice in london. 4. Bar examination <pendarvis passed the bar>. 5. A preventive barrier to or the destruction of a legal action or claim; the effect of a judgment for the defendant < a bar to any new lawsuit>. Cf. Merger (5). 6. A plea arresting a lawsuit or legal claim <the defendant filed a bar>. See plea in bar under plea.

complete voluntary trust

See executed trust.

hot-cargo agreement. Labor law. A voluntary agreement between a union and a neutral employer by which the latter agrees to exert pressure on another employer with whom the union has a dispute, as by c

See LANDRUM-GRIFFIN ACT.

intentional manslaughter. See voluntary manslaughter under MANSLAUGHTER. intentional tort.

See TORT.

involuntary alienation

alienation against the wishes of the transferor, as by attachment. - also termed involuntary conveyance.

involuntary bailment

See BAILMENT.

involuntary bankruptcy

See BANKRUPTCY.

involuntary confession

A confession induced by the police or other law-enforcement authorities who make promises to, coerce, or deceive the suspect.

involuntary conversion

The loss or destruction of property through theft, casualty, or condemnation.

involuntary conveyance

See involuntary alienation under ALIENATION. involuntary deposit See DEPOSIT (6).

involuntary deposit

A deposit made by accidentally leaving or placing personal property in another's possession. See involuntary bailment under BAILMENT.

involuntary dismissal

A court's dismissal of a lawsuit because the plaintiff failed to prosecute or failed to comply with a procedural rule or court order. Fed. R. Civ. P. 41(b).

involuntary dissolution

The terminatit,ii of a corporation administratively (for failure to file reports or pay taxes), judicially (for abuse of corporate authority, management deadlock, or failure to pay creditors), or through involuntary bankruptcy.

involuntary euthanasia

See EUTHANASIA

involuntary gap claim

Bankruptcy. A claim that accrues in the ordinary course of business after an involuntary bankruptcy petition has been filed but before the order for relief or the appointment of a trustee. ( The Bankruptcy Code gives priority to creditors with claims of this type to encourage creditors to continue dealing with a debtor until the debtor has a chance to challenge the involuntary petition.

involuntary intoxication

See INTOXICATION.

involuntary intoxication.

The ingestion of alcohol or drugs against one's will or without one's knowledge. ( Involuntary intoxication is an affirmative defense to a criminal or negligence charge.

involuntary lien

A lien arising without the debtor's consent.

involuntary manslaughter

Homicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the commission of a crime not included within the felony-murder rule. - Also termed negligent manslaughter. Cf. ACCIDENTAL KILLING. "Involuntary manslaughter is a 'catch-all' concept. It includes all manslaughter not characterized as voluntary." Rollin M. Perkins & Ronald N. Boyce, Criminal law 104 (3d ed. 1982). "The only differences between the legal use and the everyday use of 'voluntary,' 'not voluntary,' and 'involuntary' seem to be (a) a more frequent use of 'involuntary' as a synonym of 'not voluntary' and (b) a technical use of 'involuntary' in the crime of 'involuntary manslaughter,' where it seems to have the meaning of 'unintentional.' Thus, as contrasted with 'voluntary manslaughter,' there is no suggestion that death, as contrasted with harm, was intended or foreseen. Though it is often confined to cases of assault and battery where death results, for example either from the withholding of food or from excessive chastisement of a child, some jurists say that it can be due to any unlawful and dangerous action causing death." Alan R. White, Grounds of Liability 61-62 (1985).

involuntary payment

A payment obtained by fraud or duress.

involuntary petition

See PETITION,

involuntary servitude

The condition of one forced to labor - for pay or not - for another by coercion or imprisonment.

involuntary stranding

See accidental stranding under STRANDING.

involuntary suretyship

A suretyship that arises incidentally, when the chief object of the contract is to accomplish some other purpose.

involuntary trust

See constructive trust.

nonvoluntary euthanasia

Euthanasia of an incompetent, and therefore nonconsenting, person.

voluntary abandonment

See ABANDONMENT (2).

voluntary abandonment.

1. As a ground for divorce, a final departure without the consent of the other spouse, without sufficient reason, and without the intention to return. 2. In the law of adoption, a natural parent's willful act or course of conduct that implies a conscious disregard of or indifference to a child, as if no parental obligation existed.3. Criminal law. RENUNCIATION (2). 4. Bankruptcy. A trustee's court-approved release of property that is burdensome or of inconsequential value to the estate, or the trustee's release of nonadministered property to the debtor when the case is closed. 5. Contracts. RESCISSION (2). 6. Intellectual property. Disuse of a trademark, copyright, or patent, with or without an intent to resume use, resulting in loss of the protected right. 7. Insurance. An insured's relinquishing of damaged or lost property to the insurer as a constructive total loss. Cf. SALVAGE (2). - abandon, vb.

voluntary appearance

an appearance entered by a party's own will, without the service of process.

voluntary arbitration

See ARBITRATION.

voluntary assignment

See general assignment under ASSIGNMENT.

voluntary association

See ASSOCIATION (3)

voluntary bankruptcy

See BANKRUPTCY

voluntary bar

See BAR.

voluntary bond

.A bond not required by statute but given anyway. - Also termed nonstatutory bond.

voluntary conveyance

A conveyance made without valuable consideration, such as a deed in favor of a relative.2. The transfer of a property right that does not pass by delivery of a thing or merely by agreement. 3. The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed. 4. The document (usu. a deed) by which such a transfer occurs. 5. A means of transport; a vehicle. 6. Bankruptcy. A transfer of an inter- est in real or personal property, including an assignment, release, monetary payment, or the creation of alien or encumbrance. - Also termed (in sense 6) bond for deed. See FRAUDULENT CONVEYANCE; PREFERENTIAL TRANSFER.

voluntary courtesy

An act of kindness performed by one person toward another, from the free will of the doer, without any previous request or promise of reward made by 'the person who is the object of the act. ( No promise of remuneration arises from such an act. voluntary deposit See DEPOSIT (6)

voluntary deposit

A deposit made by the mutual consent of the bailor and bailee.

voluntary discontinuance

See NONSUIT

voluntary dismissal

See DISMISSAL (1).

voluntary dismissal.

A plaintiff's dismissal of a lawsuit at the plaintiffs own request or by stipulation of all the parties. Fed. R. Civ. P. 41(a).2. A release or discharge from employment. See DISCHARGE (7).

voluntary dissolution

A corporation's termination initiated by the board of :fire,_lors and approved by the shareholders 4. The termination of a previously existing partnership upon the occurrence of an event specified in the partnership agreement, such as a partner's withdrawal from the partnership. Cf. WINDING UP. - dissolve, ub.

voluntary escape

See ESCAPE (3).