Legal Dictionary of Pakistan

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

A communi observantia non est recedendum

There should be no departure from common observance (or usage).

Actus servi, in its quibus opera ejus communiter adhibita est, actus domini habetur

The act of a servant in those things in which he is usually employed is considered the act of his master.

Casus omissus et oblivioni datus dispositions communis juris relinquitur

A case omitted and forgotten (not provided for in statute) is left to the disposal of the common law.

Communication

1. The expression or exchange of information by speech, writing, or gestures. 2. The information so expressed or exchanged. conditionally privileged communication .A defamatory statement made in good faith by a person with an interest in a subject to someone who also has an interest in the subject, as an employer giving a poor but accurate job review of a former employee to a potential future employer. ( The privilege may be lost on a showing of malice or bad faith.

Communis error facit jus

A common error (one often repeated) makes law.

Communis error non facit jus

A common error does not make law.

Community

1. A neighborhood, vicinity, or locality. 2. A society or group of people with similar rights or interests. 3. A collection of common interests that arise from an association.

Consuetudo et communis assuetudo vincit legem non scriptam, si sit specialis; et interpretatur legem scriptam, si lex sit generalis

Custom and common usage overcome the unwritten law if it is special; and interpret the written law if the law is general.

European Community

See EUROPEAN UNION.

European Economic Community

See EUROPEAN UNION.

Excessus in re qualibet jure reprobatur communi

Excess in anything at all is condemned by common law.

Excommunicant

n. Eccles. law. 1. An excommunicated person. 2. Rare. An excommunicator.

Excommunication

n. Eccles. law. A sentence of censure pronounced by a spiritual court for an offense falling under ecclesiastical cognizance; expulsion from religious society or community. 0 In England, an excommunicated person was formerly subject to various civil disabilities, such as an inability to be a juror, to be a witness in any court, or to sue to recover lands or money due. These penalties were abolished by the Ecclesiastical Courts Act (1813). St. 53 Geo. 3, ch. 127. - excommunicate, ub.

Excommunicator

A person who excommunicates.

Federal Communications Commission

The federal agency that regulates interstate and foreign communications by radio, television, telephone, and telegraph, and oversees radio and television broadcasting standards, cabletelevision operations, two-way-radio operators, and satellite communications. - Abbr. FCC. federal court. See COURT.

Foreign Sovereign Immunities Act

A federal statute providing individuals with a right of action against foreign governments, under certain circumstances, to the extent the claim arises from the private, as opposed to the public, acts of the foreign state. 28 USCA §§ 1602-1611. - Abbr. FSIA. See RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY.

Forstellarius est pauperum depressor, et totius communitatis et patriae publicus inimicus

A forestaller is an oppressor of the poor, and a public enemy of the whole community and the country.

Immunity

1. Any exemption from a duty, liability, or service of process; esp., such an exemption granted to a public official. "An immunity is a defense to tort liability which is conferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the person, activity or entity in question at the expense of those injured by its tortious act. Historically, tort litigation against units of government, public officers, and charities, and between spouses, parents and children, has been limited or prohibited on this basis." Edward J. Kionka, Torts in a Nutshell 341 (2d ed. 1992).

In casu extremae necessitatis omnia runt communia.

In a case of extreme necessity, everything is in common.

In his quae de jure communi omnibus conceduntur, consuetudo alicrsjus patriae vel loci non est alleganda

In those things that by common right are conceded to all, the custom of a particular country or place is not to be adduced.

In re communi neminem dominorum jure facere quicquam, invito altero, posse

In common property no one of the coproprietors can do (or make) anything against the will of the other. Dig. 10.3.28.

Jurisprudentia legis communis Angliae est scientia socialis et copiosa

The jurisprudence of the common law of England is a social science comprehensive in scope.

Malum quo communius eo pejus

The more common the evil, the worse.

Multa in jure communi contra rationem disputandi pro communi utilitate introducta sunt

Many things have been introduced into the common law, with a view to the public good, that are contrary to logical reasoning. Co. Litt. 70b.

Municipality

1. MUNICIPAL CORPORATION. 2. The governing body of a municipal corporation.

Nemo debet in communione invitus teneri

No one should be retained in a partnership against his will.

Non est recedendum a communi observantia

There should be no departure from a common observance.

Non ex opinionibus singulorum, sed ex communi usu, nomina exaudiri debent

Names of things ought to be understood according to common usage, not according to the opinions of individuals.

Personae vice fungitur municipium et decuria

Towns and boroughs act in the role of persons.

Praemunire

n. [Latin praemoneri "to be forewarned"] Hist. The criminal offense of obeying an authority other than the king. ( Praemunire stems from the efforts of Edward I (1272-1307) to counter papal influence in England, and takes its name from the writ's initial words: praemunire facias ("that you cause to be forewarned"). Praemunire offenses included an archbishop's refusal to elect a royal nominee as bishop, and an assertion that Parliament had legislative authority without the sovereign.

Privileges and Immunities Clause

The constitutional provision (U.S. Const. art. IV, § 2, cl. 1) prohibiting a state from favoring its own citizens by discriminating against other states' citizens who come within its borders.

Privileges or Immunities Clause

The constitutional provision (U.S. Const. amend. XIV, § 1) prohibiting state laws that abridge the privileges or immunities of U.S. citizens. * The clause was effectively nullified by the Supreme Court in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873). Cf. DUE PROCESS CLAUSE; EQUAL PROTECTION CLAUSE.

Quae communi legi derogant stricte interpretantur

(Statutes) that derogate from the common law should be strictly construed.

Quae legi communi derogant non sunt trahenda in exemplum

Things that derogate (or detract) from the common law are not to be drawn into precedent.

Quae legi communi derogant stricte interpretantur

Things that derogate (or detract) from the common law are construed strictly.

Res propria est quae communis non est

A thing is private that is not common.

Secta est pugna civilis, sicut actores armantur actionibus, et quasi accinguntur gladiis, its rei (e contra) muniuntur exceptionibus, et defenduntur quasi clypeis

A suit is a civil battle; just as the plaintiffs are armed with actions and, as it were, girded with swords, so (against them) the defendants are fortified with pleas, and defended as though by shields.

Statutum airmativum non derogat communi legi

An affirmative. statute does not take away from the common law.

absolute immunity

See IMMUNITY (I). absolute interest. See INTEREST (2).

absolute immunity.

A complete exemption from civil liability, usu. afforded to officials while performing particularly important functions, such as a representative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity.

actio de communi dividendo.

See DE COMMUNI DIVIDUNDO.

charitable immunity

See IMMUNITY (2).

coded communications

Messages that are encoded or enciphered by some method of transposition or substitution so that they become unintelligible to anyone who does not have the key to the code or cipher.

communi consensus

[Latin] By common consent.

communi dividundo

See DE COMMUNI DIVIDUNDO.

communia

[Latin] Hist. Things owned in common, such as running water, the air, and the sea.

communia placita non tenenda in scaccario

[Law Latin "common pleas are not held in the Exchequer"] Hist. A writ directed to the Treasurer and Barons of the Exchequer, forbidding them from holding pleas between common persons, i.e., pleas in which the Crown was not a party.

communicative evidence

See testimonial evidence.

communicative evidence.

See testimonial evidence under EVIDENCE.

communio bonorum

[Latin "community of goods"] Civil law. Commonly owned goods, esp. those held in common by a husband and wife.