Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A communi observantia non est recedendum
There should be no departure from common observance (or usage).
A verbis legis non est recedendum
From the words of the law there is to be no departure.
Ad proximum antecedens fiat relatio, nisi impediatur sentential
A relative is to be referred to the nearest antecedent, unless prevented by the sense.
Aliquid conceditur ne injuria remaneat ampunita quod alias non concederetur
Something is conceded that otherwise would not be conceded, so that a wrong not remain unpuir ished.
Authoritative precedent
see binding prece dent under precedent.
Concessio versus concedentem latam interpretationem habere debet
A grant ought to have a liberal interpretation against the grantor.
Conditio praecedens adimpleri debet prius quam sequatur ejfectus
A condition precedent ought to be fulfilled before the effect can follow.
Confirmatio est nulla ubi donum praecedens est invalidum
A confirmation is null where the preceding gift is invalid.
Cui jus est donandi eidem et vendendi et concedendi jus est
A person who has a right to give has also a right to sell and to grant.
Cuicunque aliquis quid concedit concedere videtur et id sine quo res ipsa esse non potuit.
To whomever anyone grants a thing he is considered also to grant that without which the thing itself could not be (the sine qua non). 11 Coke 52.
De similibus ad similia eadem ratione procedendum est
From like things to like things we are to proceed by the same rule. ( That is, we are allowed to argue from the analogy of cases.
Ex antecedentibus et consequentibus fit op tima interpretatio
The best interpretation i; made from what precedes and what follow 1.
Ex procedentibus et consequentibus optima fit interpretatio
The best interpretation is made from things proceeding and following (i.e., the context).
Frumenta quae sata sunt solo cedere intelliguntur
Grain that has been sown is understood to belong to the soil.
Idem semper antecedenti proximo refertur.
Idem (the same) always refers to the nearest antecedent.
Judici ofcium suum excedenti non paretur
A judge who exceeds his office (or jurisdiction) is not obeyed.
Legis minister non tenetur, in executione offscii sui, fugere aut retrocedere
The minister of the law is not bound, in the execution of his office, either to flee or to retreat.
Licet dispositio de interesse futuro sit inutilis, tamen potest fieri declaratio praecedens quae sortiatur effectum interveniente novo actu
Even if the grant of a future interest is inoperative, yet a declaration precedent may be made that may take effect, provided a new act intervenes.
Matrimonium subsequens tollit peccatum praecedens
A subsequent marriage removes preceding fault.
Nigrum nunquam excedere debet rubrum
The black should never go beyond the red ( That is, the text of a statute should never be read in a sense more comprehensive than the rubric, or title.
Non est recedendum a communi observantia
There should be no departure from a common observance.
Non est singulis concedendum quod per magistratum publice possit fieri, ne occasio sit majoris tumultus faciendi
That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tumult.
Potentia debet sequi justitiam, non antecedere
Power ought to follow, not to precede, justice.
Precedence
n. 1. The act or state of going before; esp., the order or priority in place or time observed by or for persons of different statuses (such as political dignitaries) on the basis of rank during ceremonial events. 2. The order in which persons may claim the right to administer an intestate's estate. 9 The traditional order is (1) surviving spouse, (2) next of kin, (3) creditors, and (4) public administrator.
Precedent
n. 1. The making of law by a court in recognizing and applying new rules while administering justice. 2. A decided case that furnishes a basis for determining later cases involving similar facts or issues. -precedential, adj. See STARE DECISIS. "In law a precedent is an adjudged case or decision of a court of justice, considered as furnishing a rule or authority for the determination of an identical or similar case afterwards arising, or of a similar question of law. The only theory on which it is possible for one decision to be an authority for another is that the facts are alike, or, if the facts are different, that the principle which governed the first case is applicable to the variant facts." William M. Lile et al., Brief Making and the Use of Law Books 288 (3d ed. 1914)."A precedent is a judicial decision which contains in itself a principle. The underlying principle which thus forms its authoritative element is often termed the ratio decidendi. The concrete decision is binding between the parties to it, but it is the abstract ratio decidendi which alone has the force of law as regards the world at large." John Salmond, Jurisprudence 191 (Glanville L. Williams ed., 10th ed. 1947). "One may say, roughly, that a case becomes a precedent only for such a general rule as is necessary to the actual decision reached, when shorn of unessential circumstances." 1 James Parker Hall, Introduction, American Law and Procedure xlviii (1952). "One may often accord respect to a precedent not by embracing it with a frozen logic but by drawing from its thought the elements of a new pattern of decision." Lon L. Fuller, Anatomy of the Law 151 (1968).
Procedendo
[Latin] A higher court's order directing a lower court to determine and enter a judgment in a previously removed case.
Quando aliquis aliquid concedit, concedere videtur et id sine quo res uti non potest
When a person grants a thing, he is supposed to grant that also without which the thing cannot be used.
Quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest
When the law grants anything to anyone, it is Considered to grant that without which the thing itself cannot be (the sine qua non). 5 Coke 47.
Qui concedit aliquid, concedere videtur et id sine quo res ipsa esse non potuit (sine quo concessio est irrita)
A person who grants anything is considered as granting that without which the thing itself could not be (without which the grant is invalid).( More precisely, Cuicunque aliquis quid concedit (q.v.). 11 Coke 52.
Repellitur exceptione cedendarum actionum
(The litigant) is defeated by the plea that the actions have been assigned.
Resoluto jure concedentis, resolvitur jus concessum
When the right of the grantor has been extinguished, the right granted is extinguished.
Sequi debet potentia justitiam, non praecedere
Power should follow justice, not precede it.
Sine possessione usucapio procedere non, potent
Without possession, prescription (Roman usucapio) cannot proceed.
Ubi non est directs lex, standum est arbitrio judicis, vel procedendum ad similia
Where there is not direct law, one must rely on the judgment of the judge or refer to similar cases.
Unprecedented
adj. Never before known; without any earlier example.
Verba offendi possunt, imo ab eis recedere licet, ut verba ad sanum intellectum reducantur
The words can be faulted-indeed, it is permitted to depart from them, in order that the words may be restored to a sensible meaning.
accede
To consent or agree.-- accession, n. -- accedence (ak-see-dants),n.
antecedent
adj. earlier; preexisting; previous. - antecedent (preceding thing), n. - antecedence (quality or fact of going before), n.
antecedent claim
a preexisting claim. ( under the ucc, a holder takes an instrument for value if it is taken for an antecedent claim. ucc ยง 3-303
antecedent debt
1. Contracts. An old debt that may serve as consideration for a new promise if the statute of limitations has run on the old debt. See PREEXISTING-DUTY RULE. 2. Bankruptcy. A debtor's prepetition obligation that existed before a debtor's transfer of an interest in property. ( For a transfer to be preferential, it must be for or on account of an antecedent debt. See PREFERENTIAL TRANSFER.
beneficium cedendarum actionum
[Latin "privilege of having actions made over"] Roman & Scots law. The right of a cosurety who might or might not have paid the debt to compel the creditor to give over the right of action against the other cosurety. 0 Under Scots law, a cosurety's (or cocautioner's) right of action against the nonpaying cosurety arises on payment, without the necessity of compelling the creditor to assign the action. But in Roman law, the right of action arose before the paying of the debt.
binding precedent
A precedent that a court must follow. ( For example, a lower court is bound by an applicable holding of a higher court in the same jurisdiction. - Also termed authoritative precedent; binding authority. Cf. imperative authority under AUTHORITY (4).
binding precedent.
See PRECEDENT.
bonis cedere
[Latin "to cede one's goods"] Civil law. A transfer or surrender of property, usu. from a debtor to a creditor.
cede
vb. 1. To surrender or relinquish. 2. To assign or grant. - cession (sesh-an), n. -cessionary (sesh-an-er-ee), adj
cedent
See REINSURED.
collector of decedent's estate
A person temporarily appointed by a probate court to collect assets and payments due to a decedent's estate, and to settle other financial matters requiring immediate attention. 9 A collector is often appointed to look after an estate when there is a will contest or a dispute about who should be appointed administrator. The collector's duties end when an administrator is appointed.
condition precedent
An act or event, other than a lapse of time, that must exist or occur before a duty to perform something promised arises. 0 If the condition does not occur and is not excused, the promised performance need not be rendered. The most common condition contemplated by this phrase is the immediate or unconditional duty of performance by a promisor.
de non procedendo ad assisam
n. [Law Latin "of not proceeding to take an assize"] Hist. A writ ordering justices not to hold an assize in a particular case.
de procedendo ad judicium
n. [Law Latin "for proceeding in an assise"] Hist. A chancery writ ordering a lower court to proceed to judgment in a case that had been wrongfully stayed. 0 If the lower-court justices refused, they could be punished for contempt.