Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
As-extracted collateral
see collateral.
Collateral ascendant
Loosely, an aunt, uncle, or other relative who is not strictly an ancestor. - also termed collateral ancestor.
Collateral assignee
a lender who is assigned an interest in property (usu. Real property) as security for a loan.
Collateral assignment
an assignment of property as collateral security for a loan. Common-law assignment an assignment for the benefit of creditors made under the common law, rather than by statute.
Collateral assurance
a pledge made in addition to the principal assurance of an agreement.
administrative collateral estoppel
See COLLATERAL ESTOPPEL.
as-extracted collateral
1. Oil, gas, or other minerals that are subject to a security interest that is created by a debtor having an interest in the minerals before extraction and that attaches to the minerals as they are extracted. UCC 9-102(a)(4)(A). 2. An account arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction. UCC 9-102(a)(4)(B).
cash collateral
Collateral consisting of cash, negotiable instruments, documents of title, securities, deposit accounts, or other cash equivalents.
collateral
n. 1. A person collaterally related to a decedent. 2. Property that is pledged as security against a debt; the property subject to a security interest. See UCC ยง 9-102(a)(9). - Also termed (in sense 2) collateral security.
collateral act
Any act (usu. excluding the payment of money) for which a bond or recognizance is given as security.
collateral affinity
the relationship of a spouse's relatives to the other spouse's relatives. 0 an example is a wife's brother and her husband's sister.
collateral ancestor
See collateral ascendant under ASCENDANT.
collateral ascendant
See ASCENDANT.
collateral assignment
See ASSIGNMENT (2).
collateral assurance
See ASSURANCE.
collateral attack
An attack on a judgment entered in a different proceeding. 0 A petition for a writ of habeas corpus is one type of collateral attack. - Also termed indirect attack. Cf. DIRECT ATTACK.
collateral condition
A condition that requires the performance of an act having no relation to an agreement's main purpose.
collateral consanguinity
See CONSANGUINITY.
collateral consequence
A penalty for committing a crime - in addition to the penalties included in the criminal sentence. ( An example is the loss of a professional license. collateral contract See CONTRACT.
collateral contract
A side agreement that relates to a contract, which, if unintegrated, can be supplemented by evidence of the side agreement; an agreement made before or at the same time as, but separately from, another contract. See COLLATERAL-CONTRACT DOCTRINE.
collateral covenant
A covenant entered into in connection with the grant of something, but that does not relate immediately to the thing granted; esp., a covenant in a deed or other sealed instrument not pertaining to the conveyed property. Cf. inherent covenant.
collateral defense
Criminal law. A defense of justification or excuse not involving a rebuttal of the allegation and therefore collateral to the elements that the prosecutor must prove. See EXCUSE (2); JUSTIFICATION (2).
collateral descent
Descent in a collateral or oblique line, from brother to brother or cousin to cousin. ( With collateral descent, the donor and donee are related through a common ancestor. direct-line descent. See lineal descent.
collateral estoppel
An affirmative defense barring a party from relitigating an issue determined against that party in an earlier action, even if the second action differs significantly from the first one. - Also termed issue preclusion; issue estoppel; direct estoppel; estoppel by judgment; estoppel by record; estoppel by verdict; cause-of-action estoppel; estoppel per rem judicatam. Cf. RES JUDICATA.
collateral fact
A fact not directly connected to the issue in dispute, esp. because it involves a different transaction from the one at issue.
collateral fraud
See extrinsic fraud (1) under FRAUD.
collateral heir
One who is neither a direct descendant nor an ancestor of the decedent, but whose kinship is through a collateral line, such as a brother, sister, uncle, aunt, nephew, niece, or cousin. Cf. lineal heir.
collateral issue
A question or issue not directly connected with the matter in dispute.
collateral limitation
See LIMITATION.
collateral line
A line of descent connecting persons who are not directly related to each other as ascendants or descendants, but whose relationship consists in common descent from the same ancestor.
collateral loan
See secured loan.
collateral matter
Evidence. Any matter on which evidence could not have been introduced for a relevant purpose. If a witness has erred in testifying about a detail that is collateral to the relevant facts, then another party cannot call witnesses to contradict that point - cross-examination alone must suffice.
collateral mistake
See unessential mistake under MISTAKE.
collateral mortgage
See MORTGAGE
collateral mortgage. Civil law.
A mortgage securing a promissory note pledged as collateral security for a principal obligation.
collateral negligence
See NEGLIGEN(F.
collateral note
See secured note.
collateral obligation
A liability undertaken by a person who becomes bound for another's debt. - Also termed accessorial obligation.
collateral power
A power created when the donee has no estate in the land, but simply the authority to appoint.
collateral proceeding
A proceeding brought to address an issue incidental to the principal proceeding.
collateral promise
See PROMISE.
collateral relative
A relative who is not in the direct line of inheritance, such as a cousin.
collateral security
A security, subordinate to and given in addition to a primary security, that is intended to guarantee the validity or convertibility of the primary security.
collateral trust bond
See BOND (3)
collateral trust certificate
See collateral trust bond (1) under BOND (3).
collateral use
Intellectual property. The legal use of a trademark by someone other than the trademark owner, whereby the other party must clearly identify itself, the use of the trademark, and the absence of affiliation with the trademark owner.
collateral warranty
A warranty that is made by a stranger to the title, and that consequently runs only to the covenantee and not to the land.
collateral-benefit rule
See COLLATERAL SOURCE RULE.
collateral-contract doctrine
The principle that in a dispute concerning a written contract, proof of a second (but oral) agreement will not be excluded under the parol-evidence rule if the oral agreement is independent of and not inconsistent with the written contract, and if the information in the oral agreement would not ordinarily be expected to be included in the written contract.
collateral-inheritance tax
A tax levied on the transfer of property by will or intestate succession to a person other than the spouse, a parent, or a descendant of the decedent.