Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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.
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).
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.
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).
Resoluto jure concedentis, resolvitur jus concessum
When the right of the grantor has been extinguished, the right granted is extinguished.
Unprecedented
adj. Never before known; without any earlier example.
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.
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.
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.
decedent
n. A dead person, esp. one who has died recently. - Also termed deceased.
decedent's estate
The real and personal property that a person possesses at the time of death and that descends to the heirs subject to the payment of debts and claims.
declaratory precedent
A precedent that is merely the application of an already existing legal rule.
deduction in respect of a decedent
A deduction that accrues to the point of death but is not recognizable on the decedent's final income-tax return because of the accounting method used, such as an accrued-interest expense of a cash-basis debtor.
doctrine of precedent
1. The rule that precedents not only have persuasive authority, but must be followed when similar circumstances arise. 0 This rule developed in the 19th century and prevails today. See STARE DECISIS. 2. A rule that precedents are reported, may be cited, and will probably be followed by courts. 0 This is the rule that prevailed in England until the 19th century.
doctrine of the last antecedent
See RULE OF THE LAST ANTECEDENT.
doctrine of the last preceding antecedent.
RULE OF THE LAST ANTECEDENT.
income in respect of a decedent
Income earned by a person, but not collected before death. ( This income is included in the decedent's gross estate for estate-tax purposes. For income-tax purposes, it is taxed to the estate or, if the estate does not collect the income, it is taxed to the eventual recipient. - Abbr. I.R.D.
last antecedent, rule of the
See RULE OF THE LAST ANTECEDENT.
nonresident decedent
A decedent who was domiciled outside the jurisdiction in question (such as probate jurisdiction) at the time of death.
nonresident decedent.
See DECEDENT.
original precedent
A precedent that creates and applies a new legal rule.
persuasive precedent
A precedent that a court may either follow or reject, but that is entitled to respect and careful consideration. ( For example, if the case was decided in a neighboring jurisdiction, the court might evaluate the earlier court's reasoning without being bound to decide the same way.
precedent sub silentio
A legal question that was neither argued nor considered in a judicial decision that is or might be treated as a precedent. 3. DOCTRINE OF PRECEDENT. 4. A form of pleading or property-conveyancing instrument.Precedents are often compiled in book form and used by lawyers as guides for preparing similar documents. "Collections of Precedents have existed from very early times. In this connection precedents must not be confused with judicial precedents or case law. We refer here simply to common-form instruments compiled for use in practice, whereby the lawyer can be more or less certain that he is using the correct phraseology for the particular case before him. They were used both in conveyancing and litigation .... It is interesting to note that these precedents were apparently among the first legal works to be published after printing was introduced. Collections of conveyancing precedents continued to be brought up to date or new volumes issued ...." AK.R. Kiralfy, Potter's Outlines of English
remainder subject to a condition precedent
See contingent remainder.
rule of the last antecedent
An interpretative principle by which a court determines that qualifying words or phrases modify the words or phrases immediately preceding them and not words or phrases more remote, unless the extension is necessary from the context or the spirit of the entire writing. ( For example, an application of this rule might mean that, in the phrase Texas courts, New Mexico courts, and New York courts in the federal system, the words in the federal system might be held to modify only New York courts and not Texas courts or New Mexico courts. - Also termed doctrine of the last antecedent; doctrine of the last preceding antecedent.