Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A piratis et latronibus capta dominium non mutant.
Things captured by pirates or robbers do not change their ownership.
Actus servi, in its quibus opera ejus communiter adhibita est, actus domini habetur
The act of a servant in those things in which he is usually employed is considered the act of his master.
Ad recte docendum oportet primum inquirere nomina, quia rerum cognitio a nominibus rerum dependet
In order rightly to comprehend a thing, it is necessary first to inquire into the names, for a right knowledge of things depends upon their names.
Addone
p.pl. [ l,aw French l Given to. - Also spelled addonne. add-on interest. See INTEREST (3). add-on loan. See LOAN.
Arguendo
[latin "in arguing"] 1. For the sake of argument <assuming arguendo that discovery procedures were correctly followed, the court still cannot grant the defendant's motion to dismiss>. 2. During the course of argument <counsel mentioned arguendo that the case has been followed in three other decisions>. - abbr. Arg.
Arrestando ipsum qui pecuniam receipt
see de arrestando ipsum qui pecuniam recepit.
Assenting-silence doctrine
the principle that an accusation will be taken as true, despite silence by the accused, if the accusation was made under circumstances in which silence can be fairly said to be an agreement. ( this doctrine is usu. Held to be invalid as a measure of a criminal defendant's guilt.
Assignment of dower
The act of setting apart a widow's share of her deceased husband's real property.
Assize of clarendon
Hist. A decree issued in 1166 by henry ii to the justices in eyre and sheriffs concerning criminal procedure. ( the assize expanded the reach of the king's courts by asserting royal jurisdiction over serious crimes. See constitutions of clarendon.
Attenuation doctrine
Criminal procedure. The rule providing - as an exception to the fruit-of-the-poisonous-tree doctrine - that evidence obtained by illegal means may nonetheless be admissible if the connection between the evidence and the illegal means is sufficiently attenuated or remote. See fruit-of-the-poisonous-tree doctrine.
Attractive-nuisance doctrine.
torts. The rule that a person who owns property on which there is a dangerous thing or condition that will foreseeably lure children to trespass is under a duty to protect those children from the danger <the attractive-nuisance doctrine imposed a duty on the school to protect the children from the shallow, polluted pond on school property>. - also termed turntable doctrine; torpedo doctrine. See dangerous instrumentality.
Atwood doctrine
The principle that, to the extent an erisa plan and its summary-plan description conflict regarding the circumstances under which benefits may be denied, the summary-plan description controls. Atwood v. Newmont gold co., 45 f.3d 1317 (9th cir. 1995); 29 usca § 1022. See summary-plan description.
Aunt jemima doctrine. Trademarks
the principle that a trademark is protected not only from an act of direct copying, but also from the use of any similar mark that would likely make a buyer think that the item bearing the similar mark comes from the same source as the trademarked item. Aunt jemima mills co. V. Rigney & co., 247 f. 407 (2d cir. 1917); 15 usca § 1114.
Averaging down
securities. An investment strategy in which shares in the same company are purchased at successively lower prices to achieve a lower average cost than the first purchase.
Avoidable-consequences doctrine
see mitigation-of-damages doctrine. Avoidable cost see cost (i).
Baby doe
a generic pseudonym for a very young child involved in litigation, esp. In the context of medical care.
Backing. Endorsement, esp. Of a warrant by a magistrate.
See back (4).
Bail dock
a small compartment in a courtroom used to hold a criminal defendant during trial.
Ballivo amovendo
[latin "a bailiff to be removed"] hist. A writ to remove from office a bailiff who does not have sufficient land in the bailiwick as required by the statute of westminster (1285).
Bearer document .
see bearer paper under paper.
Ben avon doctrine
the principle that due process entitles public utilities to judicial review of rates set by public service commissions. Ohio valley water co. V. Borough of ben avon, 253 u.s. 287, 40 s.ct. 527 (1920).
Benedicta est expositio quando res redimitur a destructione
Blessed is the exposition when a thing is saved from destruction.
Beneficio primo ecclesiastico habendo
[latin "to have the first ecclesiastical benefice"] hist. A writ from the king to the lord chancellor ordering the appointment of a named person to the first vacant benefice.
Benigne faciendae sunt interpretations chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissime contra donatorem interpretanda est
Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor.
Calvo doctrine
Int'l law. The rule that resident aliens have the same rights to protection as citizens, but no more. ( This doctrine, which establishes a minimum international standard for the treatment of aliens, was developed by the Argentinian jurist Carlos Calvo in his treatise Le droit international theoraque et pratique (5th ed. 1896). The doctrine is intended to prevent aliens from abusing their right of diplomatic protection.
Carcer ad homines custodiendos, non ad puniendos, dari debet
Imprisonment should be imposed for keeping people in confinement, not for punishing them (further). Co. Litt 260a.
Carroll doctrine
The principal that a broadcast licensee has standing to contest any grant of a competitive license by the Federal Communications Commission because the grant could lead to a diminution in broadcast service by causing economic injury to an existing licensee. Carroll Broadcasting Co. v. FCC, 258 F.2d 440 (D.C. Cir. 1958).
Causae dotis, vitae, libertatis, fisci sunt inter favorabilia in lege
Causes of dower, life, liberty, revenue are among the things favored in law.
Cestuy que doit inheriter al Pere doit inheriter al fils
The person who should have inherited from the father should also inherit from the son.
Charta non est nisi vestimentum donationis
A deed is nothing else than the vestment (or clothing) of a gift.
Clearfield Trust doctrine
The doctrine describing the federal courts' power to make federal common law when there is both federal lawmaking power to do so and a strong federal interest in a nationally uniform rule. Clearfield Trust Co. v. United States, 318 U.S. 363, 63 S.Ct. 573 (1943). Cf. ERIE DOCTRINE.
Codex Theodosianus
[Latin] Roman law. A compilation of imperial enactments prepared at the direction of the emperor Theodosius and published in AD. 438. 0 The Codex Theodosianus replaced all other imperial legislation from the time of Constantine I (A.D. 306-337), and remained the basis of Roman law until it was superseded by the Justinian Code in A.D. 529. - Also termed Theodosian Code.
Cohen doctrine
See COLLATERAL-ORDER DOCTRINE.
Collyer doctrine
Labor law. The principle under which the National Labor Relations Board will refer an issue brought before it to arbitration if the issue is arbitrable under the collective-bargaining agreement. Collyer Insulated Wire, 192 NLRB 837 (1971). Cf. SPIELBERG DOCTRINE.
Colorado River abstention
A federal courts decision to abstain while relevant and parallel state-court proceedings are under-way Colorado River Water Conservation I )dist.u United States, 424 U.S. 800, 96 S.Ct. .1236 (1976).
Confessus in judicio pro judicato habetur et quodammodo sua sententia damnatur
A person who has confessed his guilt when arraigned is considered to have been tried and is, as it were, condemned by his own sentence.
Confirmatio est nulla ubi donum praecedens est invalidum
A confirmation is null where the preceding gift is invalid.
Constitutions of Clarendon
Hist. Statutes enacted in 1164, during the reign of Henry II, by which the jurisdiction of the ecclesiastical courts was limited and the clerics' exemptions from secular jurisdiction were greatly narrowed.
Constitutum esse eam domum unicuique nostrum debere existimari, ubi quisque sedes et tabulas haberet, suarumque rerum constitutionem fecisset.
It is a settled principle that what ought to be considered the home of each of us is where he has his dwelling, keeps his records, and has established his business.
Consuetudines Feudorum
[Law Latin "the customs of fiefs"] Hist. FEUDORUM LIBRI.
Consuetudo contra rationem introducta potius usurpatio quam consuetudo appellari debet.
A custom introduced against reason ought rather to be called a usurpation than a custom.
Consuetudo debet esse certa
nam incerta pro nulla (nullius) habetur. Custom ought to be fixed, for if variable it is held as null (or of no account).
Consuetudo est altera lex
Custom is another law.
Consuetudo est optimus interpres legum.
Custom is the best expounder of the law.
Consuetudo et communis assuetudo vincit legem non scriptam, si sit specialis; et interpretatur legem scriptam, si lex sit generalis
Custom and common usage overcome the unwritten law if it is special; and interpret the written law if the law is general.
Consuetudo ex certa causa rationabili usitata privat communem legem.
Custom observed by reason of a certain and reasonable cause supersedes the common law.
Consuetudo loci observanda est
The custom of the place is to be observed.
Consuetudo manerii et loci observanda est.
The custom of a manor and place is to be observed.
Consuetudo neque injuria oriri neque tolli protest
A custom can neither arise nor be abolished by a wrong.
Consuetudo non habitur (trahitur) in consequentiam
Custom is not held as (or drawn into) a precedent.