Legal Dictionary of Pakistan

Circuity of action is, when an action is rightfully brought for a duty, but yet about the bush, as it were, for that it might as well have been otherwise answered and determined, and the suit saved: a

Dwell

ub. 1. To remain; to linger <the case dwelled in her memory>. 2. To reside in a place permanently or for some period <he dwelled in California for nine years>.

Jewell instruction

Criminal procedure. A court's instruction to the jury that the defendant can be found to have the requisite criminal mental state despite being deliberately ignorant of some of the facts surrounding the crime. 0 If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular bag contained drugs, but the surrounding circumstances would put a reasonable person on notice that there was a high probability of illegality, as when the defendant has taken the bag from a known drugdealer and has noticed the smell of marijuana coming from the bag, then the court may instruct the jury that it is entitled to infer the defendant's guilty knowledge if the defendant deliberately avoided knowledge of the critical facts. United States u. Jewell, 532 F.2d 697 (9th Cir. 1976). - Also termed deliberate-indifference instruction.

Powell doctrine

See CORRUPT-MOTIVE DOCTRINE.

Swell

n. 1. An expansion in the bulk of something <a swell resulting from defective canning procedures>. 2. A gradual rise of something <a swell of damages>. 3. A large, unbroken wave; the collective waves, particularly following a storm <a rough swell caused the shipwreck>.

Well

n. A hole or shaft sunk into the earth to obtain a fluid, such as water, oil, or natural gas.

deviation-well survey

An examination to determine whether a well is bottomed under another person's land.

dwelling defense

See CASTLE DOCTRINE.

dwelling-house

1. The house or other structure in which a person lives; a residence or abode. 2. Real estate. The house and all buildings attached to or connected with the house. 3. Criminal law. A building, a part of a building, a tent, a mobile home, or another enclosed space that is used or intended for use as a human habitation. 0 The term has referred to connected buildings in the same curtilage but now typically includes only the structures connected either directly with the house or by an enclosed passageway. - Often shortened to dwelling. - Also termed (archaically) mansion house. dwelling house' or dwelling' has been defined in connection with the crime of arson as any house intended to be occupied as a residence, or an enclosed space, permanent or temporary, in which human beings usually stay, lodge, or reside. If a building is not used exclusively

limited-capacity well

See WELL.

market value at the well

Oil & gas. The value of oil or gas at the place where it is sold, minus the reasonable cost of transporting it and processing it to make it marketable.

well pleaded complaint

An original or initial pleading that sufficiently sets forth a claim for relief - by including the grounds for the court's jurisdiction, the basis for the relief claimed, and a demand for judgment -so that a defendant may draft an answer that is responsive to the issues presented. ( A well-pleaded complaint must raise a controlling issue of federal law for a federal court to have federal-question jurisdiction over the lawsuit.

well-knowing,

Intentional <a welt-Knowing act or omission>. ( This term was formerly used in a pleading to allege scienter. See SCIENTER.

well-pleaded complaint

See COMPLAINT.