Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire
Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.
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.
Concessio versus concedentem latam interpretationem habere debet
A grant ought to have a liberal interpretation against the grantor.
Curiosa et captiosa interpretatio in lege reprobatur
An overnice and captious interpretation in the law is rejected.
Divinatio, non interpretatio, est quae omnino recedit a litera
It is a guess, not interpretation, that altogether departs from the letter.
Ea est accipienda interpretatio quae crtio caret
That interpretation is to be receivi that is free from fault.
Ex antecedentibus et consequentibus fit op tima interpretatio
The best interpretation i; made from what precedes and what follow 1.
Ex procedentibus et consequentibus optima fit interpretatio
The best interpretation is made from things proceeding and following (i.e., the context).
In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est
In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, most liberal.
In re dubia benigniorem interpretationem sequi non minus justius est quam tutius
In a doubtful matter, to follow the more liberal interpretation is as much the more just as it is the safer course.
In restitutionibus benignissima interpretatio facienda est
The most favorable construction is to be made in restitutions.
Interpretatio fiends est ut res magis valeat quam pereat.
Such a construction should be made that the measure may take effect rather than fail.
Interpretatio talis in ambiguis semper fiends est ut evitetur inconveniens et absurdum.
In ambiguities, a construction should always be found such that what is unsuitable and absurd may be avoided.
Interpretation
n. 1. The process of determining what something, esp. the law or a legal document, means; the ascertainment of meaning. "Interpretation, as applied to written law, is the art or process of discovering and expounding the intended signification of the language used, that is, the meaning which the authors of the law designed it to convey to others." Henry Campbell Black, Handbook on the Construction and Interpretation of the Laws 1 (1896). "There is more to interpretation in general than the discovery of the meaning attached by the author to his words. Even if, in a particular case, that meaning is discoverable with a high degree of certitude from external sources, the question whether it has been adequately expressed remains." Rupert Cross, Statutory Interpretation 149 (1976).
Legis interpretatio legis vim obtinet
The interpretation of law obtains the force of law.
Mandata licita strictam recipiunt interpretationem, sed illicita latam et extensam
Lawful commands receive a strict interpretation, but unlawful ones receive a wide and an expansive interpretation.
Minime mutanda sunt quae certam habuerunt interpretationem
Things that have had a fixed interpretation are to be altered as little as possible.
Omnis interpretatio si fieri potest ita fcenda est in instrumentis, ut omnes contrarietates amoveantur
Every interpretation of instruments is to be made, if it can be, so that all contradictions may be removed.
Omnis interpretatio vel declarat, vel extendit, vel restringit
Every interpretation explains, or extends, or restricts.
Quando verba et mens congruunt, non est interpretationi locus
When the words and the mind agree, there is no room for interpretation.
Quotiens dubia interpretatio libertatis est, secundum libertatem respondendum erit
Whenever there is an interpretation doubtful as to liberty (or slavery), the decision must be in favor of liberty.
Sententia facit jus, et legis interpretatio legis vim obtinet
The judgment creates the right, and the interpretation of the law obtains the force of law.
Talis interpretatio semper ftenda est ut evitetur absurdum, et inconveniens, et ne judicium sit illusorium
Interpretation is always to be made in such a manner that what is absurd and improper is avoided, and so that the judgment is not a mockery.
Testamenta latissimam interpretationem habere debent
Wills ought to have the broadest interpretation.
administrative interpretation
An interpretation given to a law or regulation by an administrative agency.
administrative interpretation.
See INTERPRETATION.
authentic interpretation
Interpretation arrived at by asking the drafter or drafting body what the intended meaning was. "The procedure of referring the doubtful statute to its author has acquired a name in the literature of jurisprudence. It is called authentic interpretation.' ... [Although] this device has been tried in . . . recent times in certain European countries, ... [it] has always failed, and no thoughtful adviser would recommend it to any government today." Lon L. Fuller, Anatomy of the Law 29-30 (1968).
broad interpretation
See liberal construction under CONSTRUCTION (2).
comparative interpretation
A method of statutory interpretation by which parts of the statute are compared to each other, and the statute as a whole is compared to other documents from the same source on a similar subject.
contemporaneous and practical interpretation
See contemporaneous construction under CONSTRUCTION.
customary interpretation
Interpretation based on earlier rulings on the same subject.
extensive interpretation
A liberal interpretation that applies a statutory provision to a case not falling within its literal words.
grammatical interpretation
Interpretation that is based exclusively on the words themselves.
interpretatio
[Latin] Roman law. An opinion of a Roman jurist (an interpreter of the law, not an advocate) who did not usu. appear in court. 0 Such an opinion was not originally binding, but by the Law of Citations (A-n. 426), the opinions of five jurists acquired binding force. See CITATIONS, LAW OF.
interpretation clause
A legislative or contractual provision giving the meaning of words frequently used or explaining how the document as a whole is to be construed.
liberal interpretation
Interpretation according to what the reader believes the author reasonably intended, even if, through inadvertence, the author failed to think of it.
limited interpretation
See restrictive interpretation.
literal interpretation
See strict construction under CONSTRUCTION.
logical interpretation
See INTERPRETATION,
logical interpretation.
Interpretation that departs from the literal words on the ground that there may be other, more satisfactory evidence of the author's true intention.
restricted interpretation
See restrictive inter pretation under INTERPRETATION. restricted security See SECURITY.
restrictive interpretation
An interpretation that is bound by a principle or principles existing outside the interpreted text. - Also termed restricted interpretation; limited interpretation; interpretatio limitata. Cf unrestrictive interpretation.
rule of interpretation
See canon of construction under CANON (1).
statutory interpretation
See STATUTORY CONSTRUCTION.
strict interpretation
Interpretation according to what the reader believes the author must have been thinking at the time of the writing, and no more. 0 Typically, this type of reading gives a text a narrow meaning.
teleological interpretation
See purposiue construction under CONSTRUCTION.
unrestrictive interpretation
Interpretation in good faith, without reference to any specific principle. Cf. restrictive interpretation. 2. The understanding one has about the meaning of something. 3. A translation, esp. oral, from one language to another. 4. CHARACTERIZATION. - interpret, vb. - interpretative, interpretive, adj. See CONSTRUCTION (2).