Legal Dictionary of Pakistan

A summo remedio ad in feriorem actionem non habetur regressus neque auxilium

From the highest remedy to an inferior action there is no recourse or assistance.

ABC transaction.

Oil & gas. A sale of a working interest from an owner (A) to an operator (B) in return for a cash payment and the right to another (usu. larger) payment when the well produces, followed by A's sale of the right to the production payment to a corporation (C), which pays A in cash borrowed from a lender on C's pledge of the production payment. 9 Thus A receives cash taxed at capital-gains rates, and B pays part of the purchase price with nontaxable production income. The tax advantages of this transaction were eliminated by the Tax Reform Act of 1969.

Actio non datur non damnificato

An action is not given to one who is not injured.

Actio non facit reum, nisi mens sit rea

An act does not make a person guilty unless the mind is guilty. 0 Properly, Actus non reum (q.v.).

Actio personalis moritur cum persona

A personal action dies with the person.

Actio quaelibet it sua via

Every action proceeds in its own course.

Actionum genera maxime sunt servanda

The kinds of actions are especially to be preserved.

Alterius circumventio alii non praebet actionem.

A deception practiced upon one person does not give a cause of action to another.

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)

Automated transaction

a contract formed or performed, in whole or in part, by electronic means or by electronic messages in which either party's electronic actions or messages establishing the contract are not intended to be reviewed in the ordinary course by an individual. Ucc § 2a-102(a)(3).

Autre action pendant

[law french] another action pending. ( this phrase was formerly used in pleas of abatement.

Bail to the action

hist. A surety for a civil defendant arrested by a mesne process (i.e., a process issued during the lawsuit).( if the defendant lost the lawsuit, the bail to the action was bound either to pay the judgment or to surrender the defendant into custody. -also termed bail above; special bail. Cc bail to the sheriff.

Belief-action distinction.

constitutional law. In first amendment law, the supreme court's distinction between allowing a person to follow any chosen belief and allowing the state to intervene if necessary to protect others from the practices of that belief.

Bis idem exigi bona fides non patitur, et in satisfactionibus non permittitur amplius fieri quam semel factum est

Good faith does not allow the same thing to be exacted twice; and in satisfying claims, it is not permitted that more should be done after satisfaction has once been rendered.

Biuens action.

A lawsuit brought to redress a federal official's violation of

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

Contrafactio

[Law Latin] Hist. The act of counterfeiting. The word appeared frequently in the phrase contrafactio sigilli regis ("counterfeiting the king's seal").

Counteraction

See COUNTERCLAIM.

Cum actio fuerit mere criminalis, institui poterit ab initio criminaliter vel civiliter

When an action is purely criminal, it can be instituted from the beginning either criminally or civilly.

Debitorum pactionibus creditorum petitio nec tolli nee minui potest

The creditors' suit can be neither quashed nor diminished by the contracts of their debtors.

Detraction

n. The removal of property from one state to another after transfer of title by a will or inheritance.

Ex dolo malo non oritur action

An action does not arise from a fraud.

Ex nudo pacto non oritur action

No action arises on a contract without a consideration.

Ex pacto illicito non oritur action

From an illicit contract no action arises.

Ex turpi causa non oritur action

No action arises out of a wrongful consideration.

Ex turpi contractu non oritur action

No action arises from a wrongful contract.

Exaction

n. 1. The act of demanding more money than is due; extortion. 2. A fee, reward, or other compensation arbitrarily or wrongfully demanded. - exact, vb.

Exceptio nulla est versus actionem quae exceptionem perimit

There is no exception against an action that extinguishes the exception.

Fractional

adj. (Of a tract of land) covering an area less than the acreage reflected on a survey; pertaining to any irregular division of land containing either more or less than the conventional amount of acreage.

Fractionem diei non recipit lex

The law does not regard a fraction of a day.

In commodato haec pactio, ne dolus pra-Vetur, rata non est

In a loan for use (cor,.modatum), a pact excluding liability for fraud is invalid. a Often extended to contracts for loans in general. Dig. 13.6.17.

In haeredes non solent transire actiones quae poenales ex maleficio sunt.

Penal actions arising from anything of a criminal nature do not pass to heirs.

In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, illa districtio tenenda est quae magis timetur et magis ligat

In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372.

In satisfactionibus non permittitur amplius fieri quam semel factum est

In payments, it is not permitted that more be received than has been received once for all (i.e., after payment in full).

Infraction

n. A violation, usu. of a rule or local ordinance and usu. not punishable by incarceration. - infract, ub.

Les lois ne se chargent de punir que les actions exterieures

Laws undertake to punish only outward actions.

Lex non patitur fractiones et divisiones statuum

The law does not tolerate fractions and divisions of estates. 1 Coke 87a.

Litis nomen omnem actionem signifzcat, sive in rem, sive in personam sit

The word "lis" (a lawsuit) signifies every action, whether it is in rem or in personam.

Longa possessio parit jus possidendi et tollit actionem vero domino

Long possession produces the right of possession and deprives the true owner of his action.

Malefaction

n. [Latin malefacere "to do evil"] Archaic. An evil deed; a crime or offense. - Also termed maleficium. - malefactory, adj.

Nemo ex proprio dolo consequitur actionem

No one acquires a right of action from his own wrong (or deception).

Nemo sine actione experitur, et hoc non sine breve sive libello conventionali

No one goes to trial without an action, and no one can bring an action without a writ or bill.

Non dubitatur, etsi specialiter venditor evictionem non promiserit, re evicta, ex empto competere actionem

It is certain that even if the vendor has not given a special guarantee, an action ex empto lies against him, if the purchaser is evicted.

Non videtur vim facere qui jure suo utitur et ordinaria actione experitur

A person is not judged to use force who exercises his own right and proceeds by ordinary action.

Nuda pactio obligationem non parit

A naked agreement (i.e., without consideration) does not create an obligation. Dig. 2.14.7.4.

Nuda ratio et nuda pactio non ligant aliquem debitorem

Bare reason and naked agreement do not bind any debtor.

Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem

Naked agreement (nudum pactum) is where there is no consideration besides the agreement; but when there is a consideration, an obligation is created and it gives a right of action.

Nudum pactum ex quo non oritur action

Naked agreement (nudum pactum) is that from which no action arises.

Nullus debet agere de dolo, ubi alia actio subset

Where another form of action is given, no one ought to sue in the action de dolo.

Omnes actiones in mundo infra certa tempora habent limitationem

All actions in the world are limited within certain periods.