Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assignment of error
a specification of the trial court's alleged errors on which the appellant relies in seeking an appellate court's reversal, vacation, or modification of an adverse judgment. Pl.
Assignments of error
see error. Cf. Writ of error.
Bail in error
security given by a defendant who intends to bring a writ of error on r judgment and desires a stay of execution in t he meantime. See appeal bumd & supersedes bond under bond (2).
Bailiff-errant
hist. A bailiff appointed by the sheriff to deliver writs and other process within a county. Cf. Bailiffs of franchises.
Berry rule.
The doctrine that a defendant seeking a new trial on grounds of newly discovered evidence must show that (1) the evidence is newly discovered and was unknown to the defendant at the time of trial; (2) the evidence is material rather than merely cumulative or impeaching; (3
Bruton error
The violation of a criminal defendant's constitutional right of confrontation by admitting into evidence a nontestifying codefendant's confession that implicates a defendant who claims innocence. Bruton u. United States, 391 U.S. 123, 88 S.Ct. 1620 (1968).
Communis error facit jus
A common error (one often repeated) makes law.
Communis error non facit jus
A common error does not make law.
Consensus tollit errorem. Consent removes an error
A person cannot object to something he has consented to.
Court for the Correction of Errors
A court having jurisdiction to review a lower court. ( The name was formerly used in New York and South Carolina.
Court of Errors and Appeals
Hist. Formerly, the court of last resort in New Jersey and New York. - Also termed High Court of Errors and Appeals.
Cujus per errorem dati repetitio est, ejus consulto dati donatio est
A thing given by mistake can be recovered; if given purposely, it is a gift. Dig. 50.17.53.
Custome serra prise stricte
Custom shall be construed strictly.
De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti
The good faith and honesty of purpose of a judge cannot be questioned, but his knowledge may be impugned if there is an error either of law or of fact.
De nomine proprio non est curandum cum in substantia non erretur; quia nomina mutabilia sunt, res autem immobiles
As to the proper name, it is not to be regarded when there is no error in substance; because names are changeable, but things are immutable.
Deterrence
n. The act or process of discouraging certain behavior, particularly by fear; esp.,as a goal of criminal law, the prevention of criminal behavior by fear of punishment. -deter, ub. - deterrent, adj. Cf. REHABILITATION (1); RETRIBUTION (1).
Deterrent
n. Something that impedes; something that prevents <a deterrent to crime>. deterrent danger See DANGER.
Dos rationabilis vel legitima est cujuslibet mulieris de quocunque tenemento tertia pars omnium terrarum et tenementorum, quae vir suus tenuit in dominio suo ut de feodo, etc
Reasonable or legitimate dower belongs to every woman of a third part of all the lands and tenements of which her husband was seised in his demesne, as of fee, etc.
Electiones lant rite et libere sine interruptione aliqua
Let elections be made in due form and freely, without any interruption.
Erroneous assessment
an assessment that deviates from the law and creates a jurisdictional defect, and that is therefore invalid.
Erronice
adv. [Law Latin] Erroneously; through error or mistake.
Error
n. 1. A psychological state that does not conform to objective reality; a belief that what is false is true or that what is true is false; MISTAKE.
Error fucatus nuda veritate in multis est probabilior; et saepenumero rationibus vincit veritatem error
Error artfully colored is in many instances more probable than naked truth; and frequently error conquers truth by argumentation.
Error juris nocet
An error of law injures.
Error nominis nunquam nocet, si de identitate rei constat
Mistake in the name never injures if the identity of the thing is certain.
Error qui non resistitur approbatur
An error that is not resisted is approved.
Error scribentis nocere non debet
The error of a scribe (or copyist) ought not to injure.
Errores ad sua principia referre est refellere
To refer errors to their origin is to refute them.
Errores scribentis nocere non debent
The mistakes of the scribe (or copyist) ought to do no harm.
Exterritorial
See EXTRATERRITORIAL.
Exterritoriality
See EXTRATERRITORIALITY.
Extra territorium jus dicenti impune non paretur
One who gives a judgment outside his jurisdiction is disobeyed with impunity. ( There is no punishment for disobeying. Dig. 2.1.20.
Extra territorium jus dicenti non paretur impune
One who gives a judgment outside his jurisdiction is not obeyed with impunity. ( Anyone who executes such a judgment may be punished. 10 Coke 77.
Extraterritorial
adj. Beyond the geographic limits of a particular jurisdiction. - Also termed exterritorial.
Extraterritoriality
The freedom of diplomats, foreign ministers, and royalty from the jurisdiction of the country in which they temporarily reside. - Also termed exterritoriality. See diplomatic immunity under IMMUNITY (1).
Falconer error
A trial court's failure to instruct the jury that a guilty finding on a manslaughter charge requires acquittal on a murder charge. Falconer u. Lane, 905 F.2d 1129 (7th Cir. 1990).
Fatuus praesumitur qui in proprio nomine errat
A person is presumed to be incompetent who makes a mistake in his own name (that is, does not know his own name).
Ferriage
(fer-ee-ij). Hist. The toll or fare paid for the transportation of persons or property on a ferry.
Ferry
n. 1. A boat or vessel used to carry persons or property across water, usu. with fixed terminals and short distances. 2. The commercial transportation of persons or property across water. 3. The place where a ferry passes across water, including the continuation of the highway on both sides of the water. 4. The right, usu. exclusive, given by government franchise, to carry persons or property across water for a fee. - Also termed ferry franchise.
High Court of Errors and Appeals.
See COURT OF ERRORS AND APPEALS.
Id quod nostrum est sine facto nostro ad alium transferri non potest.
What belongs to us cannot be transferred to another without our act (or deed).
In Anglia non est interregnum.
In England there is no interregnum. ( The heir to the throne is understood to succeed from the instant of his predecessor's death or removal.
In generalibus versatur error.
Error dwells in general expressions.
In rebus manifestis errat qui auctoritates legum allegat; quia perspicua vera non sunt probanda
A person errs who adduces authorities on the law in matters self-evident; because obvious truths need not be proved.
Indian Territory.
A former U.S. territory -now a part of the state of Oklahoma - to which the Cherokee, Choctaw, Chickasaw, Creek, and Seminole tribes were forcibly removed between 1830 and 1843. ( In the late 19th century, most of this territory was ceded to the United States, and in 1907 the greater part of it became the State of Oklahoma.
Indictment de felony est contra pacem domini regis, coronam et dignitatem suam, in genere et non in individuo; quia in Anglia non est interregnum.
Indictment for felony is against the peace of our lord the king, his crown and dignity, in general and not in his individual person; because in England there is no interregnum.
Interrogation
n. The formal or systematic questioning of a person; esp., intensive questioning by the police, usu. of a person arrested for or suspected of committing a crime. -interrogate, vb. - interrogative, adj.
Interruptio multiplex non tollit praescriptionem semel obtentam.
Repeated interruptions do not remove a prescription (or acquisition by long use) once it has been obtained.
Judicia in curia regis non adnihilentur, sed stent in robore suo quousque per errorem aut attinctam adnullentur
Let judgments in the king's court not be invalidated but remain in force until annulled by error or attaint. 2 Inst. 360.
Jus descendit, et non terra
A right descends, and not the land.