Legal Dictionary of Pakistan

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

Aequitas agit in personam

Equity acts upon the person.

Ambiguitas verborum latens verifacatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur

A latent ambiguity in wording is resolved by evidence; for whatever ambiguity arises from an extrinsic fact is resolved by extrinsic evidence.

Argumentum ad crumenam

[fr. Latin Crumena "purse"] an argument appealing to the purse (or one's desire to save money).

Assumed name

1. Alias (1). 2. The name under which a business operates or by which it is commonly known <antex corporation's assumed name is computer warehouse>. 0 many states require an individual or business operating under an assumed name to file an assumedname certificate, usu. In the secretary of state's office or the county clerk's office where the principal place of business is located. See db/a. Cf. Corporate name under name.

Cogitationis poenam nemo meretur

No one deserves punishment for his thoughts.

Cogitationis poenam nemo patitur

No one punished for his thoughts.

Crimen laesae majestatis omnia alia crimina excedit quoad poenam

The crime of treason exceeds all other crimes in its punishment.

Crimen trahit personam

The crime brings with it the person. ( That is, the commission of a crime gives the courts of the place where it is committed jurisdiction over the person of the offender.

Debita sequuntur personam debitoris

Debts follow the person of the debtor. 0 That is, debts belong to no locality and may be collected wherever the debtor can be found.

Decimae de jure divino et canonica institutione pertinent ad personam.

Tithes belong to the parson by divine right and canonical institution.

Disseisinam satin facit qui uti non permittit possessorem, vel minus commode, licet omnino non expellat

A person commits disseisin if he does not permit the possessor to enjoy, or makes the possessor's enjoyment less useful, even if the disseisor does not expel the possessor altogether. Co. Litt. 331.

Gravius est divinam quam temporalem laedere majestatgm

It is more serious to hurt divine than temporal majesty.

In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, illa districtio tenenda est quae magis timetur et magis ligat

In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372.

In restitutionem, non in poenam, haeres succedit

The heir succeeds to the restitution, not the penalty.

Indictment de felony est contra pacem domini regis, coronam et dignitatem suam, in genere et non in individuo; quia in Anglia non est interregnum.

Indictment for felony is against the peace of our lord the king, his crown and dignity, in general and not in his individual person; because in England there is no interregnum.

Libertates regales ad coronam spectantes ex concessione regum a corona exierunt

Royal franchises relating to the Crown have emanated from the Crown by grant of kings.

Libertinum ingratum leges civiles in pristinam servitutem redignunt; sed leges Angliae semel manumissum semper liberum judicant

The civil laws reduce an ungrateful freedman to his original slavery; but the laws of England regard a person once manumitted as ever after free.

Litis nomen omnem actionem signifzcat, sive in rem, sive in personam sit

The word "lis" (a lawsuit) signifies every action, whether it is in rem or in personam.

Lubricum linquae non facile trahendum est in poenam

A slip of the tongue ought not to be easily subject to punishment.

Minus solvit qui tardius solvit; nam et tempore minus solvitur

A person pays too little who pays too late; for, from the delay, the payment is less.

Mobilia personam sequuntur, immobilia situm

Movable things follow the person; immovable ones, their locality.

Mobilia sequuntur personam

Movables follow the person.

Moneta est justum medium et mensura rerum commutabilium, nam per medium monetae fit omnium rerum conveniens et justa aestimatio

Money is the just medium and measure of all exchangeable things, for by the medium of money a suitable and just estimation of all things is made.

Name

, n. A word or phrase identifying or designating a person or thing and distinguishing that person or thing from others.

Namely

adv. By name or particular mention; that is to say <the plaintiff asserted two claims, namely wrongful termination and slander. 0 The term indicates what is to be included by name. By contrast, including implies a partial list and indicates that something is not listed. See INCLUDE.

Natura fide jussionis sit strictissimi juris et non durat vel extendatur de re ad rem, de persona ad personam, de tempore ad tempus

The nature of the contract of suretyship is strictissimi juris, and does not endure or should not be extended from thing to thing, from person to person, or from time to time.

Nemo cogitationis poenam patitur

No one suffers punishment for his thoughts.

Nemo praesumitur alienam posteritatem suae praetulisse

No one is presumed to have preferred another's posterity to his own.

Nickname

n. 1. A shortened version of a person's name < "Bill" is William's nickname>. 2. A descriptive or alternative name, in addition to or instead of the actual name <David Smith's nickname is "Red">.

Non valebit felonis generatio nee ad haereditatem paternam vel maternam; si autem ante feloniam generationem- fecerit, talis generatio succedit in haereditate patris vel matris a quo non fuerit feloni

The offspring of a felon cannot succeed either to a maternal or paternal inheritance; but if the felon had offspring before the felony, the offspring may succeed to the inheritance of the father or mother by whom no felony was committed.

Perpetua lex est nullam legem humanam ac positivam perpetuam esse; et clausula quae abrogationem excludit ab initio non valet

It is a perpetual law that no human or positive law can be perpetual; and a clause in a law that precludes abrogation is void from the outset.

Personalia personam sequuntur

Personal things follow the person.

Personam

See IN PERSONAM.

Proles sequitur sortem paternam

The offspring follows the condition of the father.

Quando dispositio referri potent ad duas res, ita quod secundum relationem unam vitiatur et secundum alteram utilis sit, tum facienda est relatio ad illam ut valeat dispositio

When a disposition can refer to two matters, so that according to one reference it would be void and by another it would be effective, reference must be made to the latter, so that the disposition may take effect.

Servitia personalia sequuntur personam

Personal services follow the person (of the lord).( Such "personal services" were those "annexed to the person of the Mesne, as homage, fealty, etc." 2 Co. Inst. 374.

Somnambulism

Sleepwalking. ( Generally, a person will not be held criminally responsible for an act performed while in this state.

Talis non est eadem, nam nullum simile est idem

"Such" is not "the same," for nothing similar is the same thing.

Tradename

1. A name, style, or symbol used to distinguish a company, partnership, or business (as opposed to a product or service); the name under which a business operates. ( A tradename is a means of identifying a business - or its products or services - to establish goodwill. It symbolizes the business's reputation. 2. A trademark that was not originally susceptible to exclusive appropriation but has acquired a secondary meaning. - Also termed commercial name.

Voluntas testatoris habet irrterpretatior:a>rn latam et benignam

The will of the testatoll should receive a broad and liberal interpretation.

actio in personam

See action in personam under ACTION..

action in personam

An action determining the rights and interests of the parties themselves in the subject matter of the case. - Also termed personal action; (in Roman law) actio in personam; actio personalis. See IN PERSONAM.

action in personam.

See ACTION.

assumed name

See ASSUMED NAME.

brand name

See TRADENAME.

capias in withernam

[Law Latin "taking again"] A writ authorizing the sheriff to seize the goods or cattle of a wrongful distrainor. See wITHERNAM.

class representative. A person who sues on behalf of a group of plaintiffs in a class action. - Also termed named plaintiff

See CLASS ACTION.

commercial name.

See TRADENAME.

common descriptive name

See GENERIC NAME.

corporate name

The registered name under which a corporation conducts legal affairs such as suing, being sued, and paying taxes; the name that a corporation files with a state authority (usu. the secretary of state) as the name under which the corporation will conduct its affairs. ( A corporate name usu. includes, and in many states is required to include, the word "corporation," "incorporated," or "company," or an abbreviation of one of those words. Cf. ASSUMED NAME.