Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Legally
adu. In a lawful way; in a manner that accords with the law.
Rally
n. A sharp rise in price or trading (as of stocks) after a declining market.
Tally
1 Hist. A stick cut into two parts and marked with notches to show what was due between a debtor and creditor. "The tally, used as a receipt for money or chattels, was a narrow wooden stick with notches of varying dimensions to represent the amount received. After the notches had been cut, the stick was split lengthwise into two unequal pieces. The longer, which contained a stump or handle and was called the 'stock,' was given to the person making the payment, and the shorter, a flat strip called the 'foil,' to the other party. If the sum involved was disputed, the two pieces could be fitted one to the other to see if they would 'tally."' C.H.S. Fifoot, History and Sources of the Common Law: Tort and Contract 223 (1949). "A thousand pounds was marked by cutting out the thickness of the palm of the hand, a hundred by the breadth of the thumb, a score by the breadth of the little finger, one pound by that of a swelling barley-corn The terminology has left a permanent imprint on our language. If you lent money to the Bank of England, tallies were cut for the amount: the Bank kept the foil and you received the stock; you thus held 'Bank Stock' of the amount recorded upon it. When the form of cheque was adopted, it was not indeed called a foil, but the part retained by the payer is still the counterfoil; and the word 'cheque' itself goes back ultimately to the same root as 'exchequer.'" Reginald L. Poole, The Exchequer in the Twelfth Century 86-93 (1912) "From early times tallies were used in the Exchequer and this lasted until 1826. The burning of a large quantity of old tallies led to the burning down of the old Houses of Parliament." David M. Walker, The Oxford Companion to Law 1207 (1980). 2. Anything used to record an account. 3. An account; a score.
abnormally dangerous activity
An undertaking that cannot be performed safely even if reasonable care is used while performing it, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the risk of serious harm to persons or property, (2) cannot be performed without this risk, regardless of the precautions taken, and (3) does not ordinarily occur in the community. 0 Under the Restatement (Second) of Torts, determining whether an activity is abnormally dangerous includes analyzing whether there is a high degree of risk of harm, whether any harm caused will be substantial, whether the exercise of reasonable care will eliminate the risk, whether the activii,~ is a matter of common usage, whether the activity is appropriate to the place in which it occurs, and whether the activity's value to society outweighs its dangerousness. estatement (Second) of Torts § 520 (1977). -Also termed ultrahazardous activity. See strict liability under LIABILITY. abode. A home; a fixed place of residence. See DOMICILE.
actually litigated.
(Of a claim that might be barred by collateral estoppel) properly raised in an earlier lawsuit, submitted to the court for a determination, and determined. 0 A party is barred by the doctrine of collateral estoppel from relitigating an issue that was actually litigated - usu. including by summary judgment but not necessarily by default judgment - in an earlier suit involving the same parties, even if that suit involved different claims. Restatement (Second) of Judgments § 27 cmt. d (1982).
actuarially sound retirement system a re-
tirement plan that contains sufficient funds pay future obligations, as by receiving contribi tions from employees and the employer to 1; invested in accounts to pay future benefits. NONACTUARIALLY SOUND RETIREMENT SYSTEM.
ally
int'z law. 1. a nation tied to another by treaty or alliance. 2. a citizen or subject of an allied nation.
commercially reasonable
adj. (Of a property sale) conducted in good faith and in accordance with commonly accepted commercial practice. Under the UCC, a sale of collateral by a secured party must be done in a commercially reasonable manner, or the sale may be rescinded. UCC § 9-504.
conditionally privileged communication
See COMMUNICATION.
criminally negligent homicide
See negligent homicide under HOMICIDE.
criminally negligent homicide.
See negligent homicide.
equally divided
1. (Of property) apportioned per capita - not per stirpes - among heirs on the testator's death. 9 A provision in a will calling for property to be divided "share and share alike" has the same effect. 2. (Of a court, legislature, or other group) having the same number of votes on each side of an issue or dispute.
facially sufficient
adj. (Of a document) appearing valid on its face. 0 A search-warrant affidavit's facial sufficiency will not protect it from attack if the affidavit is based on false testimony by the officer making the affidavit. See FRANKS HEARING.
facially void
(Of an instrument) patently void upon an inspection of the contents. -Also termed void on its face.
generally accepted accounting principles.
The conventions, rules, and procedures that define approved accounting practices at a particular time. ( These principles are issued by the Financial Accounting Standards Board for use by accountants in preparing financial statements. The principles include not only broad guidelines of general application but also detailed practices and procedures. - Abbr. GAAP. - Also termed generally accepted accountancy principles.
generally accepted auditing standards
The guidelines issued by the American Institute of Certified Public Accountants establishing an auditor's professional qualities and the criteria for the auditor's examination and required reports. - Abbr. GAAS. general manager See MANAGER.
geographically descriptive trademark
See TRADEMARK.
guilty but mentally ill
A form of verdict in a criminal case whereby the jury rejects the defendant's insanity defense but still recommends psychiatric treatment because the defendant is mentally ill. - Abbr. GBMI; GMI. - Also termed guilty but insane; guilty of the act, but so insane as not to be responsible. See INSANITY DEFENSE.
illegally obtained evidence
Evidence obtained by violating a statute or a person's Fourth Amendment guarantee against unreasonable searches or Fifth Amendment right to remain silent.
injury in fact. An actual or imminent invasion of a legally protected interest, in contrast to an invasion
that is conjectural or hypothetical. a An injury in fact gives the victim standing to bring an action for damages.
legally determined
adj. (Of a claim, issue, etc.) decided by legal process <liability for the accident was legally determined>.
legally incapacitated person
A person, other than a minor, who is permanently or temporarily impaired by mental illness, mental deficiency, physical illness or disability, or use of drugs or alcohol to the extent that the person lacks sufficient understanding to make or communicate responsible personal decisions or to enter into contracts. - Abbr. LIP. - Also termed legally incompetent person; incompetent, n.
legally inconsistent verdict
A verdict in which the same element is found to exist and not to exist, as when a defendant is acquitted of one offense and convicted of another, when the offenses arise from the same set of facts and an element of the second offense requires proof that the first offense has been committed.
legally liable
See LIABLE.
legally sufficient consideration
See sufficient consideration.
nonactuarially sound retirement system
A retirement plan that uses current contributions and assets to pay current benefit obligations, instead of investing contributions to pay future benefits. Cf. ACTUARIALLY SOUND RETIREMENT SYSTEM.
partially disclosed principal
See PRINCIPAL (1).
partially integrated contract
See INTEGRATED CONTRACT.
partially integrated contract.
An integrated agreement other than a completely integrated agreement.
severally, adj
Distinctly; separately <severally liable>.
sexually transmitted disease
A disease transmitted only or chiefly by engaging in sexual acts with an infected person. ( Common examples are syphilis and gonorrhea. - Abbr. STD. - Also termed venereal disease.
substantially justified
having a reasonable basis in law and in fact. ( Under the Equal Access to Justice Act, a prevailing party in a lawsuit against the government will be unable to recover its attorney's fees if the government's position is substantially justified. ,