Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Master at Common Law
An officer of an English superior court of common law, appointed to record court proceedings, supervise the issuance of writs, and receive and account for fees paid into the court.
common law
See COMMON LAW.
common lawyer
See COMMON-LAW LAWYER.
dower by the common law
The regular dower, consisting of a life interest in onethird of the lands that the husband held in fee. - Also termed dos rationabilis.
federal common law
The judge-made law of federal courts, excluding the law in all cases governed by state law. ( An example is the nonstatutory law applying to interstate streams of commerce.
general federal common law
Hist. In the period before Erie u. Tompkins (304 U.S. 64, 58 S.Ct. 817 (1938)), the judge-made law developed by federal courts in deciding disputes in diversity cases. ( Since Erie was announced in 1938, a federal court has been bound to apply, as a general matter, the law of the state in which it sits. Thus, although there is a "federal common law," there is no general federal common law applicable to all disputes heard in federal court.2. The body of law based on the English legal system, as distinct from a civil-law system <all states except Louisiana have the common law as their legal system>. Cf. CIVIL LAW (1). 3. General law common to the country as a whole, as opposed to special law that has only local application <the issue is whether the common law trumps our jurisdiction's local rules>. - Also termed jus commune."In its historical origin the term common law (jus commune) was identical in meaning with the term general law . .. . The jus commune was the general law of the land - the lex terrae - as opposed to jus speciale. By a process of historical development, however, the common law has now become, not the entire general law, but only the residue of that law after deducting equity and statute law. It is no longer possible, therefore, to use the expression common law and general law as synonymous." John Salmond, Jurisprudence 97 (Glanville L. Williams ed., 10th ed. 1947).
lien of factor at common law
See LIEN.