Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Alternativa petitio non est audienda.
An alternative petition is not to be heard.
In alternativis electio est debitoris
The debt or has the choice among alternatives.
alternat
[french] the rotation in precedence among states, diplomats, etc., esp. in the signing of treaties. ( this practice gives each diplomat a copy of the treaty with the diplomat's signature appearing first.
alternate
valuation date. tax law. the date six months after a decedent's death. ( generally, the estate can elect to appraise the decedent's property either on the date of the decedent's death or on the alternate valuation date. see basis.
alternate legacy
A legacy by which the testator gives the legatee a choice of one of two or more items.
alternatim
adu. [latin] interchangeably; by turns.
alternative constituency
see nonshareholder constituency.
alternative contract
A contract in which the performing party may elect to perform one of two or more specified acts to satisfy the obligation; a contract that provides more than one way for a party to complete performance, usu. permitting that party to choose the manner of performance. - Also termed alternative-methods-of-performance contract.sumer, who has little choice about the terms. - Also termed contract of adhesion; adhesory contract; adhesionary contract; takeit-or-leave-it contract; leonine contract. "Some sets of trade and professional forms are extremely one-sided, grossly favoring one interest group against others, and are commonly referred to as contracts of adhesion. From weakness in bargaining position, ignorance, or indifference, unfavored parties are willing to enter transactions controlled by these lopsided legal documents." Quintin Johnstone & Dan Hopson, Jr., Lawyers and Their Work 329-30 (1967).
alternative dispute resolution
a procedure for settling a dispute by means other than litigation, such as arbitration, mediation, or minitrial. - abbr. adr.
alternative judgment
A determination that gives the losing party options for satisfying that party's duties.
alternative liability
Liability arising from the tortious acts of two or more parties -when the plaintiff proves that one of the defendants has caused harm but cannot prove which one caused it - resulting in a shifting of the burden of proof to each defendant. Restatement (Second) of Torts § 433B(3) (1965).
alternative mandamus
A mandamus issued upon the first application for relief, commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
alternative minimum tax
A flat tax potentially imposed on corporations and higherincome individuals to ensure that those taxpayers do not avoid all income-tax liability by using exclusions, deductions, and credits. -Abbr. AMT. - Also termed minimum tax.
alternative obligation
An obligation that can be satisfied in two different ways, at the choice of the obligor.
alternative order
see order (4).
alternative pleading
A form of pleading whereby the pleader alleges two or more independent claims or defenses that are not necessarily consistent with each other, such as alleging both intentional infliction of emotional distress and negligent infliction of emotional distress based on the same conduct. Fed. R. Civ. P. 8(e)(2). Cf. DUPLICITY (2); double plea under PLEA (3).
alternative promise
A contractual promise to do one of two or more things, any one of which must satisfy the promisee for the promise to qualify as consideration. "A promise in the alternative may be made because each of the alternative performances is the object of desire to the promisee. Or the promisee may desire one performance only, but the promisor may reserve an alternative which he may deem advantageous. In either type of case the promise is consideration if it cannot be kept without some action or forbearance which would be consideration if it alone were bargained for. But if the promisor has an unfettered choice of alternatives, and one alternative would not have been consideration if separately bargained for, the promise in the alternative is not consideration." Restatement (Second) of Contracts § 77 curt. b (1981).
alternative relief
see relief.
alternative relief.
Judicial relief that is mutually exclusive with another form of judicial relief. ( In pleading, a party may request alternative relief, as by asking for both specific performance and damages. Fed. R. Civ. P. 8(a). Cf. ELECTION OF REMEDIES.
alternative remainder
see remainder.
alternative writ
A common-law writ commanding the person against whom it is issued either to do a specific thing or to show cause why the court should not order it to be done.
alternative-means doctrine
criminal law. the principle that, when a crime may be committed in more than one way, jury unanimity is required on the defendant's guilt, but is not required on the possible different methods of committing the crime, as long as each possible method is supported by substantial evidence.
alternative-methods-of-performance contract
see alternative contract under contract.