Legal Dictionary of Pakistan

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

Actus Dei nemini facit injuriam

An act of God does wrong to no one. ( That is, no one is responsible in damages for inevitable accidents.

Actus curiae neminem gravabit

An act of the court will prejudice no one.

Actus inceptus cujus perfectio pendet ex voluntate partium revocari potest; si autem pendet ex voluntate tertiae personae, velex contingenti, revocari non potest

An act already begun whose completion depends upon the will of the parties may be recalled; but if it depends on consent of a third person or on a contingency, it cannot be recalled.

Actus judiciarius coram non judice irritus habetur; de ministeriali autem a quocunque provenit ratum esto

A judicial act before one not a judge (or without jurisdiction) is void; as to a ministerial act, from whomsoever it proceeds, let it be valid.

Actus legis nemini est damnosus

An act of the law prejudices no one.

Actus legis nemini facit injuriam

An act of the law does no one wrong.

Actus legitimi non recipiunt modum

Acts required by law admit of no qualification.

Actus me invito factus non est meus actus

An act done (by me) against my will is not my act.

Actus non reum facit nisi mens sit rea

An act does not make a person guilty unless his mind (or intention) is guilty. 3 Co. Inst. 54; 107.

Actus repugnans non potest in esse produci

A repugnant act cannot be brought into being (that is, cannot be made effectual).

Actus servi, in its quibus opera ejus communiter adhibita est, actus domini habetur

The act of a servant in those things in which he is usually employed is considered the act of his master.

Contractus

[Latin] Roman law. A contract; an agreement between two or more parties, usu. to create an actionable bond between them. See CONTRAHERE."The texts of the Roman Law do not supply a definition of contract. The words contractus - contrahere - like contract' in English, are used in various senses, sometimes wider, sometimes narrower. Labeo gives contractus the meaning of a reciprocal obligation, such as purchase and sale, hire, partnership. But when the Romans speak of obligation arising from contract, they mean obligations arising from convention or agreement. In Roman law it was far from being the case that all agreements which might be expected to produce a legal obligation did so." R.W. Lee, The Elements of Roman Law 285 (4th ed. 1956).

Contractus est quasi actus contra actum

A contract is, as it were, act against act.

Contractus ex turpi causa vel contra bonos mores nullus est

A contract founded on a wrongful consideration or against good morals is null.

Contractus legem ex conventione accipiunt

Contracts receive legal validity from the agreement of the parties.

Debitum et contractus sunt nullius loci

Debt and contract belong to no particular place.

Ex maleficio non oritur contractus

A contract does not arise out of an illegal act.

Experientia per varios actus legem facit.

Experience through various acts makes law.

Forma non observata, infertur adnullatio actus

When form is not observed, a nullity of the act is inferred.

Frequentia actus multum operatur

The frequency of an act has much effect. 0 Continual usage establishes a right.

Jurare est Deum in testem vocare, et est actus divini cultus

To swear is to call God to witness, and is an act of religion.

Legem enim contractus dat

The contract gives the law.

Locus contractus regit actum

The place of the contract governs the act.

Non observata forma, infertur adnullatio actus

When the form has not been observed, an annulment of the act is inferred.

Per varios actus legem experientia facit

In the course of various acts, experience frames the law.

Praescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modum actionis instituendae

Prescription and execution do not affect the validity of the contract, but affect the time and manner of bringing an action.

Quando diversi desiderantur actus ad aliquem statum perficiendum, plus respicit lex actum originalem

When different acts are required to the formation of any estate, the law chiefly regards the original act.

Tolle voluntatem et erit omnis actus indifferens

Take away the will, and every action will be indifferent.

Uniuscujusque contractus initium spectan dum est et causa

The beginning and cause cr each and every contract must be considered

actus

n. [Latin] 1. An act or action; a thing done. 2. Hist. An act of Parliament; esp., one passed by both houses but not yet approved by the monarch. Cf. sTATUTUM (1). 3. Roman law. A servitude for driving cattle or a carriage across another's land. Cf. ITER (1).

actus reus

[Law Latin "guilty act"] The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability; a forbidden act <the actus reus for theft is the taking of or unlawful control over property without the owner's consent>. - Also termed deed of crime; overt act. Cf. MENS REA.

ambactus

[latin] hist. 1. a messenger. 2. a servant whose services are hired out by the master.

contractus bonae ldei

[Latin "contract of good faith"] Roman law. A contract requiring that the parties perform their duties in good faith. ( In an action brought on a contractus bonae fidei, the plaintiff had to assert that he had not acted in bad faith. All consensual contracts were considered contractus bonae fidei. Essentially, then, the phrase was typically used when a remedy was being sought for a breach.

exceptio non adimpleti contractus

An exception in a contract action involving mutual duties or obligations, to the effect that the plaintiff may not sue if the plaintiff's own obligations have not been performed.

forisfactus

[Law Latin] Hist. A criminal; esp., one who has forfeited his or her life by committing a capital offense.

forisfactus servus

[Law Latin] Hist. A freed slave who has forfeited his or her freedom by committing a crime.

forum actus

[Latin "the forum of the act"] Hist. The place where an act was done.

forum contractus

[Latin "the forum of the contract"] Hist. 1. The place where a contract was made, and thus the place of jurisdiction. 2. The court of the place where a contract was made.

heres factus

[Latin "made heir"] An heir appointed by will; a testamentary heir. - Also termed heres ex testamento; heres institutus. Cf. heres natus.

jus actus

n. [Latin] Roman law. A rural servitude giving a person the right of passage for a carriage or cattle.

jus retractus

n. [Latin "the right of retraction"] Civil law. 1. The right of certain relatives of one who has sold immovable property to repurchase it. 2. A debtor's right, upon sale of the debt by the creditor, to have a third person redeem it within a year for the price paid by the purchaser.

lex actus

See LEX LOCI ACTUS.

lex contractus

See LEx LOCI CONTRACTUS.

lex loci actus

n. [Law Latin] The law of the place where an act is done or a transaction is completed. - Often shortened to lex actus.

lex loci contractus

[Latin] The law of the place where a contract is executed or to be performed. ( Lex loci contractus is often the proper law by which to decide contractual disputes. - Often shortened to lex loci; lex contractus.

locus actus

[Latin "place of the act"] The place where an act is done; the place of performance.

locus contractus

[Latin "place of the contract"] The place where a contract is made. Cf. LEX LOCI CONTRACTUS.

no actus reus

A plea in which a criminal defendant either denies involvement with a crime or asserts that the harm suffered is too remote from the criminal act to be imputable to the defendant. no-answer default judgment. See DEFAULT JUDGMENT.

novus actus interveniens

See intervening cause under CAUSE (i).

quinto exactus

[Latin "exacted the fifth time"] Hist. A sheriff's return made after a defendant had been called to five county courts but failed to appear. ( The county coroners then ordered that the defendant be deprived of the benefits of the law. "And, if a non est inuentus is returned upon all of them, a writ of exigent or exigi facias may be sued out, which requires the sheriff to cause the defendant to be proclaimed, required, or exacted, in five county courts successively, to render himself; and, if he does, then to take him, as in a capias: but if he does not appear, and is returned quinto exactus, he shall then be outlawed by the coroners of the county." 3 William Blackstone, Commentaries on the Laws of England 283 (1768).