Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Archicapellanus
[law latin] hist. A chief or high chancellor. Architect's lien see lien.
Escape
n. 1. The act or an instance of breaking free from confinement, restraint, or an obligation. 2. An unlawful departure from legal custody without the use of force. - Also termed actual escape. Cf. PRISON BREACH. "In the technical sense an escape' is an unauthorized departure from legal custody; in a loose sense the word is used to indicate either such an unlawful departure or an avoidance of capture. And while the word is regularly used by the layman in the broader sense it usually is limited to the narrower meaning when used in the law, - although this is not always so." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 559 (3d ed. 1982).
Non videtur quisquam id capere quod ei necesse est alii restituere
A person is not considered to acquire property in a thing that he must restore to another. Dig. 50.17.51.
Nullus commodum capere potest de injuria sua propria
No one can gain advantage by his own wrong.
Waterscape
n. An aqueduct or passage for water. waterway. See WATERCOURSE,
aiding an escape
the crime of helping a prisoner escape custody.
cape
Hist. [Latin "take"] A writ filed to recover possession of land.
cape magnum
[Latin "grand" cape] A writ granting possession of land before a tenant's appearance in the action. - Also termed grand cape.
cape paruum
[Latin "little" cape] A writ for the recovery of land issuing after the appearance of the tenant in the action. - Also termed petit cape.
constructive escape
A prisoner's obtaining more liberty than the law allows, while not fully regaining freedom. 3. At common law, a criminal offense committed by a peace officer who allows a prisoner to depart unlawfully from legal custody. - Also termed voluntary escape. - escape, ub.
escape clause
A contractual provision that allows a party to avoid performance under specified conditions; specif., an insurance-policy provision - usu. contained in the "other insurance" section of the policy - requiring the insurer to provide coverage only if there is no other coverage ,available. Cf. EXCESS CLAUSE; PRO RATA CLAUSE. escapee. A prisoner or other inmate who has escaped from lawful custody. "The word escapee' is employed at times by those who are not careful in the use of language. They probably think this word is comparable to arrestee' or employee.' But the arrestee did not do the arresting and the employee did not do the employing. The employee does the work but that makes him a worker, not a workee." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 560 (3d ed. 1982).
escape period
Labor law. A time agreed upon in some union contracts during which workers may withdraw from the union near the end of one term covered by the contract and before the start of the next.
escape warrant
1. A warrant directing a peace officer to rearrest an escaped prisoner. 2. Hist. A warrant granted to retake a prisoner who had escaped from a royal prison after being committed there. ( The warrant was obtained on affidavit from the judge of the court in which the action had been brought, and was directed to all sheriffs throughout England, commanding them to retake and commit the prisoner to the nearest jail.
grand cape.
See cape magnum under CAPE.
negligent escape
A prisoner's departure from legal custody as a result of an officer's negligence. "Escapes are either voluntary, or negligent. Voluntary are such as are by the express consent of the keeper, after which he never can retake his prisoner again, (though the plaintiff may retake him at any time) but the sheriff must answer for the debt. Negligent escapes are where the prisoner escapes without his keeper's knowledge or consent; and then upon fresh pursuit the defendant may be retaken, and the sheriff shall be excused, if he has him again before any action brought against himself for the escape." 3 William Blackstone, Commentaries on the Laws of England 415-16 (1768).
voluntary escape
See ESCAPE (3).