Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Breve judiciale debet sequi suum originale, et accessorium suum principale
A judicial writ ought to follow its original, and an accessory its principal.
Breve judiciale non cadit pro defectu formae
A judicial writ does not fail for a defect of form.
Brevia, tam originalia quam judicialia, patiuntur anglica nomina
Writs, original as well as judicial, bear English names.
Extrajudicial
adj. Outside court; outside the functioning of the court system <extrajudicial confessions>. - Also termed out-of-court.
Federal Judicial Code
The portion (Title 28) of the U.S. Code dealing with the organization, jurisdiction, venue, and procedures of the federal court system, as well as court officers, personnel, and the Department of Justice.
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.
An international convention, convened on November 15, 1965, that dictates the formal and usu. complicated procedures for effecting service of process in a foreign country. ( More than 35 countries are parties to the convention, including the United States, which became a signatory on February 10, 1969.
Judicial Article
Article III of the U.S. Constitution, which creates the Supreme Court, vests in Congress the right to create inferior courts, provides for life tenure for federal judges, and specifies the powers and jurisdiction of the federal courts.
Judicial Committee of the Privy Council
A tribunal created in 1833 with jurisdiction to hear certain admiralty and ecclesiastical appeals, and certain appeals from the Commonwealth. 0 Its decisions are not treated as binding precedent in the United Kingdom, but they are influential because of the overlapping composition of members of the Council and the House of Lords in its judicial capacity.
Judicial arbitration
court-referred arbitration that is final unless a party objects to the award.
Judicial assize
an assize begun by judicial writ and deriving from pleas of gage, mort d'ancestor, and darrein presentment.
Judicialize
ub. 1. To pattern (procedures, etc.) after a court of law <these administrative hearings have been judicialized>. 2. To bring (something not traditionally within the judicial system) into the judicial system <politicalquestions are gradually becoming judicialized>
Officia judicialin non conccdantur anti, quam uacent
Judicial offices ought not be granted before they are vacant.
Quod non apparet non est, et non apparet judicialiter ante judicium
What appears not does not exist, and nothing appears judicially before judgment.
Supreme Judicial Court
The highest appellate court in Maine and Massachusetts.
Unjudicial
adj. Not becoming of or appropriate to a judge.
abjudge oh), n. [Law Latin] The act of depriving a person of a. thing by judicial decision.
vb. Archaic. To take away or remove (something) by judicial decision. Cf. ADJUDGE. As a result of the trial a very solemn judgment is pronounced. The land is adjudged to the one party and his heirs, and abjudged (abiudicata) from the other party and his heirs for ever." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 163 (2d ed. 1899).abjudicatio (ab joo-di-kay-shee-
actio praejudicialis
A preliminary action; an action begun to determine a preliminary matter on which other litigated matters depend.
actio praejudicialis.
See ACTIO.
brevia judicialia
See BREVE.
continuing judicial education
Continuing legal education for judges, usu. organized and sponsored by a governmentally subsidized body and often involving topics such as judicial writing, efficient decision-making, caseload management, and the like. - Abbr. CJE. continuing jurisdiction See JURISDICTION,
de novo judicial review
A court's nondeferential review of an administrative decision, usu. through a review of the administrative record plus any additional evidence the parties present.
extrajudicial admission
See ADMISSION
extrajudicial confession
See CONFESSION.
extrajudicial enforcement
See SELF-HELP.
extrajudicial evidence
See EVIDENCE.
extrajudicial oath
An oath that, although formally sworn, is taken outside a legal proceeding or outside the authority of law.
extrajudicial remedy
A remedy not obtained from a court, such as repossession. -Also termed self-help remedy.
extrajudicial statement
Any utterance made outside of court. ( It is usu. treated as hearsay under the rules of evidence.
extrqjudicial admission.
An admission made outside court proceedings.
extrqjudicial confession
A confession made out of court, and not as a part of a judicial examination or investigation. ( Such a confession must be corroborated by some other proof of the corpus delicti, or else it is insufficient to warrant a conviction. Cf. judicial confession.
extrqjudicial evidence
Evidence that does not come directly under judicial cognizance but nevertheless constitutes an intermediate link between judicial evidence and the fact requiring proof. ( It includes all facts that are known to the tribunal only by way of inference from some form of judicial evidence. See JUDICIAL NOTICE.
judicial
adj. 1. Of, relating to, or by the court <judicial duty>. 2. In court <the witness's judicial confession>. 3. Legal <the Attorney General took no judicial action>. 4. Of or relating to a judgment <an award of judicial interest at the legal rate>. Cf. JUDICIOUS.
judicial act
See ACT (2)
judicial act.
An act involving the exercise of judicial power.
judicial activism
n. A philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. - judicial activist, n. Cf. JUDICIAL RESTRAINT (3). "[I]f to resolve the dispute the court must create a new rule or modify an old one, that is law creation. Judges defending themselves from accusations of judicial activism sometimes say they do not make law, they only apply it. It is true that in our system judges are not supposed to and generally do not make new law with the same freedom that legislatures can and do; they are, in Oliver Wendell Holmes's phrase, confined from molar to molecular motions.' The qualification is important, but the fact remains that judges make, and do not just find and apply, law." Richard A. Posner, The Federal Courts: Crisis and Reform 3 (1985).
judicial activity report
A regular report, usu. monthly or quarterly, on caseload and case flow within a given court or court system.
judicial administration
The process of doing justice through a system of courts.
judicial admission
See ADMISSION (1)
judicial admission.
A formal waiver of proof that relieves an opposing party from having to prove the admitted fact and bars the party who made the admission from disputing it. - Also termed solemn admission; admission in judicio; true admission.
judicial arbitration
See ARBITRATION.
judicial assize
See ASSIZE (6).
judicial bias
See BIAS.
judicial bias.
Bias that a judge develops during a trial. 0 Judicial bias is usu. insufficient to justify disqualifying a judge from presiding over a case. To justify disqualification or recusal, the judge's bias usu. must be personal or based on some extrajudicial reason.
judicial bond
A bond to indemnify an adverse party in a lawsuit against loss occasioned by delay or by deprivation of property resulting from the lawsuit. * Judicial bonds are usu. classified according to the nature of the action in which they are required, as with appeal bonds, injunction bonds, attachment bonds, replevin bonds, forthcoming or redelivery bonds, and bail bonds. A bond of a fiduciary - such as a receiver, administrator, executor, or guardian - is often required as a condition to appointment.
judicial branch
The branch of government consisting of the courts, whose function is to interpret, apply, and generally administer and enforce the laws; JUDICIARY (1). Cf LEGISLATIVE BRANCH; EXECUTIVE BRANCH.
judicial bypass
A procedure permitting a person to obtain a court's approval for an act that would ordinarily require the approval of someone else, such as a law that requires a minor to notify a parent before obtaining an abortion but allows an appropriately qualified minor to obtain a court order permitting the abortion without parental notice.
judicial cognizance
See JUDICIAL NOTICE.
judicial combat
See TRIAL BY COMBAT
judicial comity
The respect a court of one state or jurisdiction shows to another state or jurisdiction in giving effect to the other's laws and judicial decisions.2. A rule of law having its origin in courtesy among political entities. 3. INTERNATIONAL LAW. 0 This sense is considered a misusage: "[I]n Anglo-American jurisprudence, ... the term is also misleadingly found to be used as a synonym for international law." Peter Macalister-Smith, "Comity," in 1 Encyclopedia of Public International Law 672 (1992).
judicial compensation
1. The remuneration that judges receive for their work. 2. Civil law. A court's judgment finding that two parties are mutually obligated to one another and crafting the amount of the judgment in accordance with the amount that each party owes. 0 A claim for compensation is usu. contained in a reconvention demand. La. Code Civ. Proc. 1062. See reconvention demand under DEMAND (1).