Legal Dictionary of Pakistan

Aestimatio praeteriti delicti ex postremo facto nunquam crescit

The assessment of a past offense never increases from a subsequent fact.

Cum par delictum est duorum, semper oneratur petitor, et melior habetur possessoris causa

Where two parties are equally at fault, the claimant always is at the disadvantage, and the party in possession has the better cause.

Delictal

See DELICTUAL

Delictum

See DELICT.

Dominus capitalis loco haeredis habetur, quoties per defectum vel delictum extinguitur sanguis sui tenentis

The supreme lord takes the place of the heir, as often as the blood of the tenant is extinct through deficiency or crime.

Euin qui nocentenz infamat, non est aequuniet bonum ob eam rem condemnari; delicta enim nocentium nota esse oportet et expodit

It is not just and proper that one wiv, speaks ill of a bad person should be condemm -c on that account; for it is fitting and expediew that the wron'doinfis of bad poople should be known.

Ex frequenti delicto augetur poena

Punishment increases with repeated offense. 2 Co. Inst. 479.

Excusat aut extenuat delictum in capitalibus, quod non operatur idem in civilibus

That excuses or extenuates a wrong in capital causes which does not have the same effect in civil suits.

In atrocioribus delictis punitur affectus li. cet non sequatur effectus.

In the more atro. cious crimes, the intent (or attempt) is pun ished even if the effect does not follow.

In pari delicto melior est conditio possidentis

When both parties are equally at fault, the position of the possessor is the better.

In pari delicto potior est conditio defendentis

Where both parties are equally in the wrong, the position of the defendant is the stronger.

Majus est delictum seipsum occidere quam alium

It is a greater crime to kill one's self than another.

Necessitas excusat aut extenuat delictum in capitalibus, quod non operatur idem in civilibus

Necessity excuses or extenuates delinquency in capital cases, but does not have the same effect in civil cases.

Nemo bis punitur pro eodem delicto

No one is punished twice for the same offense.

Nemo debet bis puniri pro uno delicto

No one ought to be punished twice for the wine offense.

Nemo ex suo delicto meliorem suam conditionem facere potest

No one can improve his condition by his own wrong.

Nemo punitur pro alieno delicto

No one is punished for the crime or wrong of another.

Nunquam crescit ex post facto praeteriti delicti aestimatio

The valuation (or assessment of damage) for a past offense is never increased by what happens subsequently. Dig. 50.17.138.1.

Omnia delicta in aperto leviora sunt

All crimes committed openly are considered lighter.

Poena ex delicto defuncti haeres teneri non debet

The heir ought not to be bound by a penalty for the crime of the deceased.

Receditur a placitis juris potius quam injuriae et delicta maneant impunita

One departs from settled rules of law, rather than let crimes and wrongs remain unpunished.

Voluntas in delictis non exitus spectatur

In offenses,the will and not the outcome in regarded.

actio ex delicto

action ex delicto

A personal action arising out of a tort."The actions ex delicto were originally the action of trespass and the action of replevin." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 5 (2d ed. 1899).

challenge propter delictum

A challenge based on a claim that the potential juror has lost citizenship rights, as by being convicted of an infamous crime. See CIVIL DEATH (1).

concursus in delicto

[Latin] Cooperation in crime.

corpus delicti

[Latin "body of the crime"] 1. The fact of a transgression; ACTUS REUS."[T]he definition of 'corpus delicti' often becomes important. (a) Essentially it signifies merely the fact of the specific loss or injury sustained, e.g., death of a victim or burning of a house. (b) To this is added also, by most courts, the criminal agency of some person (i.e., not mere accident). (c) A few courts also include evidence of the accused's identity with the deed; but this is absurd, for it virtually signifies making 'corpus delicti' synonymous with the whole charge. - Many courts treat this rule with a pedantic and unpractical strictness." John H. Wigmore, A Students' Textbook of the Law of Evidence 310 (1935).

corpus delicti rule

Criminal law. The doctrine that prohibits a prosecutor from proving the corpus delicti based solely on a defendant's extrajudicial statements. ( The prosecution must establish the corpus delicti with corroborating evidence to secure a conviction.

delict

n. [Latin delictum "an offense"] A violation of the law; a tort; a wrong. - Also termed (in Roman law) delictum; (in French law) delit. "A delict is a civil wrong. It is an infringement of another's interests that is wrongful irrespective of any prior contractual undertaking to refrain from it -though there may also be one. It entitles the injured party to claim compensation in civil proceedings -though criminal proceedings aimed at punishing the wrongdoer may also ensue." 1 P.Q.R. Boberg, The Law ofDelict 1 (1984).

deliction

The loss of land by gradual, natural changes, such as erosion resulting from a change in the course of a river or stream. Cf. ACCRETION (1); ALLUVION; AVULSION (2); EROSION.

delictual

adj. Of, relating to, or involving a delict; TORTIOUS. - Also termed delictal.

delictual fault

Civil law. A legal obligation arising between people independent of any prior contractual or other legal relationship between them, such as the obligation arising when one person commits a tort against another person.

ex delicto

[Latin "from a tort"] Arising from a tort <action ex delicto>. Cf. IN DELICTO; EX CONTRACTU. ex delicto trust. See TRUST

ex delicto trust

A trust that is created for an illegal purpose, esp. to prevent the settlor's creditors from collecting their claims out of the trust property.

flagrante delicto

See IN FLAGRANTE DELICTO.

in delicto

[Latin] In fault. Cf. Ex DELICTO.

in lagrante delicto

[Latin "while the crime is ablaze"] In the very act of committing a crime or other wrong; red-handed <the sheriff caught them in flagrante delicto>.

in pari delicto

adu. [Latin "in equal fault"] Equally at fault <the court denied relief because both parties stood in pari delicto > .

in pari delicto doctrine

n. [Latin] The principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrongdoing.

lex delicti

See LEX LOCI DELICTI.

lex loci delicti

[Latin] The law of the place where the tort was committed. - Often shortened to lex delicti. -Also termed lex loci delictus; lex loci delicti commissi; place-of-wrong rule; place-of-wrong law.

locus delicti

[Latin "place of the wrong"] The place where an offense is committed; the place where the last event necessary to making the actor liable occurs. Cf. LEX LOCI DELICTI. "When a statute does not indicate where Congress considered the place of committing the crimp to ha the sire or locus delicti must be determined from the nature of the crime and the location of the acts or omissions constituting the offense." United States u. Clinton, 574 F.2d 464, 465 (9th Cir. 1978).

ob continentiam delicti

. [Latin] On account of contiguity to the offense; being contaminated by association with something illegal.

obligatio ex delicto

. [Latin "tortious obligation"] An obligation arising from a wrongdoing against the person or property of another; an obligation enforceable in tort. - Also termed obligatio ex maleficio (mal-a-fish-ee-oh).

obligatio quasi ex delicto

[Latin "obligation from something resembling a tort"] An obligation arising from a wrong that is not covered by an obligatio ex delicto but that nonetheless creates liability. - Also termed obligatio quasi ex maleficio (mal-afish-ee-oh).

obligatio quasi ex delicto.

See OBLIGATIO.

par delictum

. [Latin] Equal guilt; equal wrong.

pari delicto, in

See I1 PARI DELICTO.

private delict

A wrong regarded primarily as a matter of compensation between individuals.

propter delictum

See challenge propter delictum under CHALLENGE.