Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Absentia ejus qui reipublicae causa abest neque ei neque alii damnosa esse debet
The absence of a person who is abroad in service to the state ought to be prejudicial neither to that person nor to another. Dig. 50.17.140.
Au besion.
[french "in case of need"] a designation in a bill of exchange stating who is responsible for payment if the drawee fails or refuses to pay. 0 au besion is part of the phrase au besion, chez messrs. Garnier et ducloux (meaning "in case of need, apply to messrs. Garnier and ducloux").
Besayel
[Law French] Hist. 1. A writ of right used by a great-grandfather's heirs to recover property held by the great-grandfather. See assize of mort d'ancestor under ASSIZE (6). 2. A great-grandfather. - Also spelled besaiel; besaile; bisaile; besayle. Cf AIEL; COSINAGE.
Erubescit lex filios castigare parentes
The law blushes when children correct their parents.
Impubes
[Latin] Roman law. A child under the age of puberty. 0 Under Roman law, this term referred to a male under 14 and a female under 12. Cf. INFANS.
Nobiles magis plectuntur pecunia, plebes vero in corpore
The higher classes are more punished in money, but the lower in person.
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.
Scire debes cum quo contrahis
You ought to know with whom you make an agreement.
Tempus enim modus tollendi obligationes et actiones, quia tempus currit contra Besides et sui juris contemptores
For time is a means of destroying obligations and actions, because time runs against those who are inactive and show little respect for their own rights.
Ubi culpa est, ibi poena subesse debet
Where the fault is, there the punishment should be imposed.
abbess
Eccles. law. A female spiritual superior of a convent. Cf. ABBOT.
abesse
[Law Latin] Roman & civil law. To be absent; to be away from a place where one is supposed to be (as before a court). Cf. ADESSE.
acceptance au besoin
See ACCEPTANCE (4).
bes
1. Roman law. Two-thirds of the Roman as, or pound, consisting of eight unciae (ounces) out of twelve. See AS; UNCIA. 2. Civil law. Two-thirds of an inheritance.
best bid
The highest auction bid; in the letting of a contract, the lowest bid by a qualified bidder.
best bid.
See BID (1),
best efforts.
Diligent attempts to carry out an obligation <the contractor must use best efforts to complete its work within the stated time>. 0 As a standard, a best-efforts obligation is stronger than a good-faith obligation. - Also termed best endeavors. Cf. due diligence (1) under DILIGENCE; GOOD FAITH.
best endeavors.
See BEST EFFORTS.
best evidence
Evidence of the highest quality available, as measured by the nature of the case rather than the thing being offered as evidence. - Also termed primary evidence; original evidence. See BEST-EVIDENCE RULE. Cf. secondary evidence. "In some circumstances, 'best evidence' may mean that evidence which is more specific and definite as opposed to that which is merely general and indefinite or descriptive. However, 'best evidence' or 'primary evidence' is variously defined as that particular means of proof which is indicated by the nature of the fact under investigation as the most natural and satisfactory, or as that kind of proof which under any possible circumstances affords the greatest certainty of the fact in question; or as evidence which carries on its face no indication that better remains behind." 32A C.J.S. Evidence ยง 1054, at 417 (1996).
best-efforts contract
A contract in which a party undertakes to use best efforts to fulfill the promises made; a contract in which the adequacy of a party's performance is measured by the party's ability to fulfill the specified obligations. ( Although the obligor must use best efforts, the risk of failure lies with the obligee. To be enforceable, a best-efforts term must generally set some kind of goal or guideline against which the efforts may be measured. See BEST EFFORTS.
best-efforts contract.
See CONTRACT,
best-efforts underwriting
Underwriting in which an investment banker agrees to direct, but not guarantee, the public sale of the issuer's securities. ( The underwriter, or selling group, sells the securities as agent for the issuer, and any unsold securities are never issued.
best-efforts underwriting.
See UNDERWRITING,
best-evidence rule.
The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing unless it is unavailable, in which case secondary evidence -such as copies, notes, or testimony - may be admitted. Fed. R. Evid. 1001-1004. - Also termed documentary-originals rule; originalwriting rule; original-document rule. "Down to a century or more ago, the term 'best evidence' was a good deal used; 'the best evidence that the nature of the thing will afford' was said to be required. But this loose expression never represented a concrete rule. The only positive and concrete rules of the kind are those above named. And today, though the cant phrase is sometimes invoked, and though an inference may be made against a party who fails to produce what might be better evidence, yet no court will in general exclude relevant evidence because there might be better evidence available." John H. Wigmore, A Students' Textbook of the Law of Evidence 219 (1935).
best-mode requirement.
Patents. The requirement that a patent application show the best physical method known to the inventor for using the invention. Cf. ENABLEMENT REQUIREMENT.
bestiality
Sexual activity between a human and an animal. 0 Some authorities restrict the term to copulation between a human and an animal of the opposite sex. See SODOMY.
bestow,
vb. To convey as a gift <bestow an honor on another>. - bestowal, n. best use. See highest and best use under USE.
ferae bestiae
n. (pl.) [Latin] Wild beasts. ( Under Roman law, since a wild animal belonged to no one (res nullius), it was owned by its captor. See RULE OF CAPTURE (2).
highest and best use
Real estate. In valuing property, the use that will generate the most profit; esp. used to determine the fair market value of property subject to eminent domain. - Often shortened to best use. - Also termed most suitable use.