Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Attainder
n. At common law, the act of extinguishing a person's civil rights when sentenced to death or declared an outlaw for committing a felony or treason. - attaint (a-taynt), vb. See bill of attainder. "the word attainder is derived from the latin term attinctus, signifying stained or polluted, and includes, in its meaning, all those disabilities which flow from a capital sentence. On the attainder, the defendant is disquali
Bond indenture
1.A contract between a bond issuer and bondholder outlining a bond's face value, interest rate, maturity date, and other features. 2. A mortgage held on specified corporate property to secure payment of the bond.
De nullo tenemento, quod tenetur ad terminum, fit homagii; fit tamen inde fidelitatis sacramentum
For no tenement that is held for a term is there the oath of homage, but there is the oath of fealty.
Declaration of Independence
The formal proclamation of July 4, 1776, in the name of the people of the American colonies, asserting their independence from the British Crown and announcing themselves to the world as an independent nation.
Finder
1. An intermediary who brings together parties for a business opportunity, such as two companies for a merger, a borrower and a financial institution, or an issuer and an underwriter of securities. ( A finder differs from a broker-dealer because the finder merely brings two parties together to make their own contract, while a broker-dealer usu. participates in the negotiations. See INTERMEDIARY. 2. A person who discovers an object, often a lost or mislaid chattel. finder of fact. See FACT-FINDER.
Inde datae leges ne fortior omnia posset.
Laws were made lest the stronger should have unlimited power.
Indebitatus assumpsit
[latin "being indebted, he undertook"] 1. Hist. A form of action in which the plaintiff alleges that the defendant contracted a debt and, as consideration, had undertaken (i.e., promised) to pay. 0 the action was equivalent to the common-law action for debt (an action based on a sealed instrument), but could be used to enforce an oral debt. Indebitatus assumpsit was abolished in 1873 by the judicature act. See concessit solvere. 2. See general assumpsit. "[i]f i verbally agree to pay a man a certain price for a certain parcel of goods, and fail in the performance, an action of debt lies against me; for this is a determinate contract: but if i agree for no settled price, i am not liable to an action of debt, but a special action on the case, according to the nature of my contract. And indeed actions of debt are now seldom brought but upon special contracts under seal .... [t]he plaintiff must recover the whole debt he claims, or nothing at all. For the debt is one single cause of action, fixed and determined; and which therefore, if the proof varies from the claim, cannot be looked upon as the same ... Action of debt .... But in an action on the case, on what is called an indebitatus assumpsit, which is not brought to compel a specific performance of the contract, but to recover damages for its non-performance, the implied assumpsit, and consequently the damages for the breach of it, are in their nature indeterminate; and will therefore adapt and proportion themselves to the truth of the case which shall be proved, without being confined to the precise demand stated in the declaration." 3 william blackstone, commentaries on the laws of england 154 (1768).
Indecency
n. The condition or state of being outrageously offensive, esp. in a vulgar or sexual way. ( Unlike obscene material, indecent speech is protected under the First Amendment. - indecent, adj. Cf. OBSCENITY.
Indecent assault
see sexual assat.Malicious assault with a deadly an aggravated assault in which the victim, threatened with death or serious bodily ht: from the defendant's use of a deadly weapon ( malice is inferred from both the nature the assault and the weapon used.
Indefinitum aequipollet universali.
The undefined is equivalent to the whole.
Indeftnitum supplet locum universalis.
The undefined supplies the place of the whole.
Indemnifier
See INDEMNITOR.
Independence
n. The state or quality of being independent; esp., a country's freedom to man-
Independent
adj. 1. Not subject to the control or influence of another <independent investigation. 2. Not associated with another (often larger) entity <an independent subsidiary>. 3. Not dependent or contingent on something else <an independent person>.
Independent audit
an audit conducted by an outside person or firm not connected with the person or organization being audited.
Independenter se habet assecuratio a viaggio navis.
The route insured is distinct from the voyage of the ship.
Indeterminate
adj. Not definite; not distinct or precise.
Index
n. 1. An alphabetized listing of the topics or other items included in a single book or document, or in a series of volumes, usu. found at the end of the book, document, or series <index of authorities>. grantee-grantor index. An index, usu. kept in the county recorder's office, alphabetically listing by grantee the volume and page number of the grantee's recorded property transactions. ( In some jurisdictions, the granteegrantor index is combined with the grantorgrantee index.
Index animi sermo.
Speech is the index of the mind.
Indexing
1. The practice or method of adjusting of wages, pension benefits, insurance, or other types of payments to compensate for inflation. 2. The practice of investing funds to track or mirror an index of securities. - Also termed indexation. index lease See LEASE.
Joinder
n. The uniting of parties or claims in a single lawsuit. - join, ub. Cf. CONSOLIDATION (4).
Legem terrae amittentes perpetuam infamiae notam inde merito incurrunt
Those who lose the law of the land thereby justly incur an eternal stigma of infamy.
Linea recta est index sui et obliqui; lex est linea recta
A right line is an index of itself and of an oblique; law is a right line. Co. Litt. 158b.
Misjoinder
See MISJOINDER. nonjoinder. See NONJOINDER.
Non facias malum ut inde veniat bonum
You are not to do evil that good may come of it
Nonjoinder
The failure to bring a person who is a necessary party into a lawsuit. Fed. R. Civ. P. 12(b)(7), 19. Cf. JOINDER; MISJOINDER; DISJOINDER.
Omnis indemnatus pro innoxio legibus habetur
Every uncondemned person is held by the law as innocent.
Propositio indefinites aequipollet universali
An indefinite proposition is equal to a general one.
Quae in testamento ita runt scripta ut intelligi non possint, perinde sunt ac si scripta non essent
Things that are so written in a will that they cannot be understood are as if they had not been written.
Qui sciens solvit indebitum donandi consilio id videtur fecisse
A person who knowingly pays what is not due is considered to have done it with the intention of making a gift.
Quod quis sciens indebitum dedit hac mente, ut postea repeteret, repetere non potest
What one has paid knowing that it is not owed, with the intention of reclaiming it afterwards, he cannot recover. Dig. 12.6.50.
Rejoinder
n. Common-law pleading. The defendant's answer to the plaintiff's reply (or replication). - rejoin, vb.
Remainder
Property. 1. A future interest arising in a third person - that is, someone other than the creator of the estate or the creator's heirs - who is intended to take after the natural termination of the preceding estate. For example, if a grant is "to A for life, and then to B," B's future interest is a remainder. Cf. EXECUTORY INTEREST; REVERSION; POSSIBILITY OF REVERTER.
Remainderer
See REMAINDERMAN.
Remainderman
A person who holds or is entitled to receive a remainder. - Also termed remainderer; remainderperson; remainor.
Sermo index animi
Speech is an index of the mind.
Surrejoinder
Common-law pleading. The plaintiff's answer to the defendant's rejoinder. See REPLICATION. "Where the common-law system of pleading is in force, the pleadings do not terminate with the plaintiff's replication. The defendant may interpose a rejoinder to the replication, and the plaintiff a surrejoinder to the defendant's rejoinder. Then follows the rebutter, which in turn may be met by a surrebutter." 61A Am. Jur. 2d Pleading § 193, at 192 (1981).
Triennalis pacificus possessor beneficii est inde securus
The undisturbed possessor of a nefice for three years is thereafter secure
Trust Indenture Act
A federal law, enacted in 1939, designed to protect investors of certain types of bonds by requiring that (1) the SEC approve the trust indenture, (2) the indenture include certain protective clauses and exclude certain exculpatory clauses, and (3) the trustees be independent of the issuing company. 15 USCA §§ 77saa et seq.
absque aliquo inde reddendo
[Law Latin] Hist. Without rendering anything therefrom. This phrase appeared in royal grants in which no tenure was reserved. absque consideratione curiae (abs-kwee kansid-a-ray-shee-oh-nee kyoor-ee-ee)[Law Latin] Without the consideration of the court; without judgment.
accelerated remainder
A remainder that has passed to the remainderman, as when the gift to the preceding beneficiary fails.
acceleration of remainder
See ACCELERATION (2).
act of attainder.
See BILL OF ATTAINDER.
actio condictio indebiti
W. See condictio indebiti under CONDICTIO. Strictly speaking, the headword is a solecism, since a condictio is a type of actio, but it is occasionally found in legal literature.
ad inde
adu. [Law Latin] To that or them; thereto.
advance-decline index
A stock-market indicator showing the cumulative net difference between stock-price advances and declines.
advance-decline index.
see index (2).
alternative remainder
see remainder.
bill of attainder.
A special legislative act prescribing capital punishment, without a trial, for a person guilty of a high offense such as treason or a felony. 0 Bills of attainder are prohibited by the U.S. Constitution (art. I, § 9, cl. 3; art. I, § 10, cl. 1). - Also termed act of attainder. See ATTAINDER; BILL OF PAINS AND PENALTIES.
bill of indemnity
1.Hist. An act of Parliament passed annually to protect officeholders who unwittingly fail to take an oath necessary for office holding from liability for acts done in an official capacity. 0 A more general statute, the Promissory Oaths Act, replaced the bill of indemnity in 1868. 2. A law protecting a public official from liability for official acts. 3. An initial pleading by which a plaintiff seeks to require another (often an insurance company) to discharge the plaintiff's liability to a third person.