Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Argumentum ad misericordiam
[latin] an argument appealing to pity.
Bare promise
see gratuitous promise under promise.
Compromise
n. 1. An agreement between two or more persons to settle matters in dispute between them. 2. A debtor's partial payment coupled with the creditor's promise not to claim the rest of the amount due or claimed. -compromise, ub.
Counterpromise
n. A promise made in exchange for another party's promise <a promise supported by a counterpromise is binding in its inception>. - counterpromise, vb.
I non demiset
[Latin "he did not demise"] Hist. 1. A defensive plea in an action for rent when the plaintiff failed to plead that the demise was by indenture. ( It could not be used if the plaintiff alleged an indenture. 2. In a replevin action, a plea in bar to an avowry for arrears of rent.
Lex Angliae est lex misericordiae
The law of England is a law of mercy.
Matter en ley ne serra mise en bouche del jurors
Matter of law shall not be put into the mouths of jurors.
Misera est servitus ubi jus est vagum aut incertum
It is a miserable slavery where the law is vague or uncertain.
Non dubitatur, etsi specialiter venditor evictionem non promiserit, re evicta, ex empto competere actionem
It is certain that even if the vendor has not given a special guarantee, an action ex empto lies against him, if the purchaser is evicted.
Premise
n. A previous statement or contention from which a conclusion is deduced. - Also spelled (in BrE) premiss. -premise (preen-is or pri-miz), vb.
Premises
1 Matters (usu. preliminary facts or statements) previously referred to in the same instrument <wherefore, premises considered, the plaintiff prays for the following relief>. 2. A house or building, along with its grounds < smoking is not allowed on these premises>.
Promise
n. 1. The manifestation of an intention to act or refrain from acting in a specified manner, conveyed in such a way that another is justified in understanding that a commitment has been made; a person's assurance that the person will or will not do something. ( A binding promise - one that the law will enforce -is the essence of a contract. "By common usage, a promise is an expression leading another person justifiably to expect certain conduct on the part of the promisor. Such an expression is a promise, whether enforceable at law or not. It is indeed an essential element in every contract. Society does not guarantee the fulfillment of all expectations so induced." William R. Anson, Principles of the Law of Contract 6 n.3 (Arthur L. Corbin ed., 3d Am. ed. 1919). "[Promise] means not only the physical manifestations of assurance by words or conduct, but also the moral duty to make good the assurance by performance. If by reason of other operative facts the promise is recognized as creating a legal duty, the promise is a contract." Samuel Williston, A Treatise on the Law of Contracts § lA, at 4 (Walter H.E. Jaeger ed., 3d ed. 1957). "It is well to make clear two points at the outset The first is that I do not believe that all promises are morally binding; accordingly, I use the term 'promise' without prejudging the question whether the promise creates an obligation. The second is that, where a promise does create an obligation, the reason for that may depend upon whether the promise was explicit or implied. There is thus, in my view, a fundamental distinction between explicit and implied promises, and when I use the word 'promise' without qualification, I normally mean an explicit promise." P.S. Atiyah, Promises, Morals, and Law 8 (1981). 2. The words in a promissory note expressing the maker's intention to pay a debt. 9 A mere written acknowledgment that a debt is due is insufficient to constitute a promise. - promise, vb.
Promisee
One to whom a promise is made.
Putius semper est errare in acquietando quam in puniendo, ex parte misericordiae quam ex parte justitiae
It is always safer to err in acquitting than in punishing, (and) on the side of mercy than of justice.
Redemise
n. An act or instance of conveying or transferring back (an estate) already demised. - redemise, vb. See DEMISE.
Res est misera ubi jus est vagum et incertum
It is a miserable state of things where the law is vague and uncertain.
Surmise
n. 1. An idea based on weak evidence; conjecture. 2. Hist. A suggestion, esp. to a court. 3. Hist. Eccles. law. An allegation in the complaint. ( A collateral surmise is a surmise of a fact not contained in the libel. See LIBEL (3).
aleatory promise
A promise conditional on the happening of a fortuitous event, or on an event that the parties believe is fortuitous.
alternative promise
A contractual promise to do one of two or more things, any one of which must satisfy the promisee for the promise to qualify as consideration. "A promise in the alternative may be made because each of the alternative performances is the object of desire to the promisee. Or the promisee may desire one performance only, but the promisor may reserve an alternative which he may deem advantageous. In either type of case the promise is consideration if it cannot be kept without some action or forbearance which would be consideration if it alone were bargained for. But if the promisor has an unfettered choice of alternatives, and one alternative would not have been consideration if separately bargained for, the promise in the alternative is not consideration." Restatement (Second) of Contracts § 77 curt. b (1981).
bare promise
See naked promise.
breach of promise
The violation of one's word or undertaking, esp. a promise to marry. See HEARTBALM STATUTE.
collateral promise
See PROMISE.
compromise verdict
A verdict that is reached when jurors concede some issues so they can settle other issues in their favor.
conditional promise
A promise that is conditioned on the occurrence of an event < she made a conditional promise to sell the gold on April 2 unless the price fell below $300 an ounce before that time>. ( A conditional promise is not illusory as long as the condition is not entirely within the promisor's control.
de moderata misericordia capienda
n. [Law Latin "for taking a moderate amercement"] Hist. A writ ordering a bailiff to take a moderate penalty from a party who had been excessively penalized in a court not of record. The writ was founded on Magna Carta.
demise
n. 1. The conveyance of an estate by will or lease <the demise of the land for one year>. 2. The instrument by which such a conveyance is accomplished <the demise set forth the terms of the transfer>. 3. The passing of property by descent or bequest <a testator's demise of $100,000 to charity>. 4. The death of a person or (figuratively) of a thing <the corporation's untimely demise>. -Abbr. dem. - demise, ub.
demise charter
A charter under which the ship owner surrenders possession and control of the vessel to the charterer, who then succeeds to many of the shipowner's rights and
demise charterer
See demise charter under charter.
demise of the Crown
The immediate, automatic transfer of a kingdom to a successor upon a sovereign's death or long absence from the throne."The king never dies. Henry, Edward, or George may die; but the king survives them all. For immediately upon the decease of the reigning prince in his natural capacity, his kingship or imperial dignity, by act of law, without any ... interval, is vested at once in his heir; who is, eo instanti, king to all intents and purposes. And so tender is the law of supposing even a possibility of his death, that his natural dissolution is generally called his demise .an expression which signifies merely a transfer of property; for . . . when we say the demise of the crown, we mean only that, in consequence of the disunion of the king's body natural from his body politic, the kingdom is transferred or demised to his successor; and so the royal dignity remains perpetual." 1 William Blackstone, Commentaries on the Laws of England 242 (1765).
demised premises
Property that has been leased.
dependent promise
A promise to be performed by a party only when another obligation has first been performed by another ply.
detriment to a promisee
Contracts. Consideration offered by a promisee to a promisor, esp. in a unilateral contract requiring an act from the promisee though the promisor has the power to revoke the promise.
divisible promises
Promises that are capable of being divided into independent parts.
false promise
A promise made with no intention of carrying it out.
fictitious promise
See implied promise under PROMISE.
gratuitous promise
A promise made in exchange for nothing; a promise not supported by consideration. ( A gratuitous promise is not ordinarily legally enforceable. - Also termed bare promise; naked promise.
gratuitous promise.
See PROMISE.
illusory promise
A promise that appears on its face to be so insubstantial as to impose no obligation on the promisor; an expression cloaked in promissory terms but actually containing no commitment by the promisor. ( For example, if a guarantor promises to make good on the principal debtor's obligation "as long as I think it's in my commercial interests," the promisor is not really bound. "An apparent promise which, according to its terms, makes performance optional with the promisor no matter what may happen, or no matter what course of conduct in other respects he may pursue, is in fact no promise. Such an expression is often called an illusory promise." Samuel Williston, A Treatise on the Law of Contracts § lA, at 5 (Walter H.E. Jaeger ed., 3d ed. 1957).
implied promise
See PROMISE.
in misericordia
[Law Latin] See IN MERCY.
independent promise
See unconditional promise.
joint demise
In an ejectment action, a demise made by two or more persons in one declaration.
marriage promise
A betrothal; an engagement to be married.
mise
n. [Law Trench] Hist. 1. Expenses incurred in litigation. 2. The general issue in a writ of right. ( When a tenant pleads superior title to the plaintiff, the tenant is said to join the mise on the mere right. 3. A settlement; a compromise, as in the Mise of Lewes between Henry III and the rebelling barons.
mise money
Hist. Money paid by contract to purchase a privilege.
miserabile depositum
[Law Latin "a pitiful deposit"] Civil law. A deposit or bailment made in an emergency, as in a shipwreck, fire, or insurrection.
miserere
[Latin] Hist. Have mercy. ( This is the first phrase of the 51st psalm, used to test a person claiming benefit of clergy. See NECK VERSE.
misericordia
[Law Latin] Hist. 1. Mercy. 2. An arbitrary fine as a punishment. 3. An exemption from a fine.
misericordia communis
[Law Latin] Hist. A fine levied on a whole county.
mutual promises
See PROMISE.