Register

Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

La ley voit plus tost suffer un mischiefe que un inconvenience

The law will sooner suffer a mischief than an inconvenience.

criminal mischief

See MALICIOUS MISCHIEF.

malicious mischief

The common-law misdemeanor of intentionally destroying or damaging another's property. ( Although modern statutes predominantly make this offense a misdemeanor, a few make it a felony (depending on the nature of the property or its value). - Also termed malicious mischief and trespass; malicious injury; malicious trespass; malicious damage; maliciously damaging the property of another; (in the Model Penal Code) criminal mischief. "Such phrases as 'malicious mischief and trespass,' 'malicious injury,' and 'maliciously damaging the property of another,' are merely additional labels used at times to indicate the same offense. It was a misdemeanor according to the common law of England, although some confusion has resulted from Blackstone's statement that it was 'only a trespass at common law.' Before the word 'misdemeanor' became well established the old writers tended to use the word 'trespass' to indicate an offense below the grade of felony. And it was used at times by Blackstone for this purpose, as in the phrase 'treason, felony, or trespass."' Rollin M. Perkins & Ronald N. Boyce, Criminal Law 405 (3d ed. 1982).

mischief

1. A condition in which a person suffers a wrong or is under some hardship, esp. one that a statute seeks to remove or for which equity provides a remedy <this legislation seeks to eliminate the mischief of racially restrictive deed covenants>. 2. Injury or damage caused by a specific person or thing <the vandals were convicted of criminal mischief>. 3. The act causing such injury or damage <their mischief damaged the abbey>.

mischief rule

In statutory construction, the doctrine that a statute should be interpreted by first identifying the problem (or "mischief") that the statute was designed to remedy and then adopting a construction that will suppress the problem and advance the remedy. - Also termed rule in Heydon's Case; purpose approach. Cf. GOLDEN RULE; PLAIN-MEANING RULE; EQUITY-OF-THE-STATUTE RULE.