Legal Dictionary of Pakistan

Assize of darrein presentment

n. [fr. French dernier pr6sentation "last presentment"] hist. A writ of assize allowing a person with a right of advowson that has been disturbed by another claimant to have a jury determine who had the last right to present a clerk to a benefice and then to allow that person to present again and to recover damages for interference. ( this was abolished by the real property limitation act of 1833 and was replaced by the quare impedit action. - also termed darreign presentment; assize of last presentation; assisa ultimae praesentationis; assize de ultima presentatione. - also spelled darreign. See advowson; quare impedit.

Englishry, presentment

of. PRESENTMENT OF ENGLISHRY.

Haeres est aut jure proprietatis aut jure representationis

A person is an heir by either right of property or right of representation.

House of Representatives.

1. The lower chamber of the U.S. Congress, composed of 435 members - apportioned among the states on the basis of population - who are elected to two-year terms. 2. The lower house of a state legislature. - Abbr. H.R. - Often shortened to House.

Misrepresentation

n. 1. The act of making a false or misleading statement about something, usu. with the intent to deceive. 2. The statement so made; an assertion that does not accord with the facts. - Also termed false representation; (redundantly) false misrepresentation. - misrepresent, vb. Cf. REPRESENTATION.

Misrepresentee

A person to whom a fact has been misrepresented.

Misrepresenter

A person who misrepresents a fact to another. - Also spelled misrepresentor.

Presentation

1. The delivery of a document to an issuer or named person for the purpose of initiating action under a letter of credit; PRESENTMENT (3). 2. Hist. Eccles. law. A benefice patron's recommendation of a person to fill a vacant benefice. ( If the benefice's bishop rejected the appointee, the patron could enforce the right to fill the vacancy by writ of quare impedit in the Court of Common Pleas. See QUARE IMPEDIT. Cf. ADVOWSON; INSTITUTION.

Presenting bank

a nonpayor bank that presents a negotiable instrument for payment. Ucc § 4-105.

Presentment

1. The act of presenting or laying before a court or other tribunal a formal statement about a matter to be dealt with legally. 2. A formal written accusation returned by a grand jury on its own initiative, without a prosecutor's previous indictment request. "A grand jury has only two functions, either to indict or to return a 'no bill.' The Constitution speaks also of a 'presentment,' but this is a term with a distinct historical meaning now not well understood. Historically presentment was the process by which a grand jury initiated an independent investigation and asked that a charge be drawn to cover the facts should they constitute a crime. With United States attorneys now always available to advise grand juries, proceeding by presentment is an outmoded practice." 1 Charles Alan Wright, Federal Practice and Procedure § 110, at 459 (3d ed. 1999). 3. The formal production of a negotiable instrument for acceptance or payment."Presentment and dishonor occur, for instance, when the holder of a check attempts to cash it at the drawee bank, but payment is refused because the drawer lacks sufficient funds on deposit. The demand for payment is presentment. The bank's refusal to pay is dishonor." 2 James J. White & Robert S. Summers, Uniform Commercial Code § 16--8, at 100 (4th ed. 1995).

Presents

n. pl. Archaic. The instrument under consideration. ( This is usu. part of the phrase these presents, which is part of the longer phrase know all men by these presents (itself a loan translation from the Latin noverint universi per praesentes). See KNOW ALL MEN BY THESE PRESENTS.

Representor

One who makes a representation.

accredited representative.

A person with designated authority to act on behalf of another person, group, or organization, usu. by being granted that authority by law or by the rules of the group or organization <as an officer of the union, she was the accredited representative of the employees in the wage dispute>.

accusation,n. 1. A formal charge of criminal wrongdoing. 0 The accusation is usu. presenter) to a court or magistrate having jurisdiction tf) inquire into the alleged crime. 2. An informs i statement

acirjusted present value

An asset's value determined by adding together its present value and the value added by capital-structure effects. - Abbr. APV.

actuarial present value

The amount of monf , necessary to purchase an annuity that wougenerate a particular monthly payment, whatever periodic payment the plan provide for the r.x°-,~t,•,R recipient

adequate representation.

A close alignment of interests between actual parties and potential parties in a lawsuit, so that the interests of potential parties are sufficiently protected by the actual parties. 0 The concept of adequate representation is often used in procedural contexts. For example, if a case is to be certified as a class action, there must be adequate representation by the named plaintiffs of all the potential class members. Fed. R. Civ. 23(a)(4). And if a nonparty is to intervene it: ;lawsuit, there must not already be adequ<_-,representation of the nonl: ; ri. 4 Z party. Fed. R. Civ. P. 24(a)~ _' .

adjusted present value.

See PRESENT VALUE.

advowson presentative

the usual kind of advowson, in which the patron has the right to make the presentation to the bishop and to demand that the nominee be instituted, if the bishop finds the nominee canonically qualified.

affirmative representation

A representation asserting the existence of certain facts pertaining to a given subject matter.

class representative.

See REPRESENTATIVE.

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

See CLASS ACTION.

clear-and-present-danger test

Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. 0 This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247 (1919).

continuous-representation doctrine

The principle that the limitations period for bringing a legal-malpractice action is tolled as long as the lawyer continues the representation that is related to the negligent act or omission.

darrein presentment

n. See ASSIZE OF DARREIN PRESENTMENT.

duty of fair representation

A labor union's duty to represent its member employees fairly, honestly, and in good faith.

duty of fair representation.

See DUTY (2)

estoppel by representation

An estoppel that arises when one makes a statement or admission that induces another person to believe something and that results in that person's reasonable and detrimental reliance on the belief; esp., equitable estoppel.

fair representation

Labor law. Union representation that adequately covers all union members in collective bargaining and in the lodging of grievances.

false misrepresentation

See MISREPRESENTATION. ( This phrase is redundant - misrepresentation includes the idea of falsity.

false representation

See MISREPRESENTATION.

fraudulent misrepresentation

See MISREPRESENTATION.

fraudulent misrepresentation.

A false statement that is known to be false or is made recklessly - without knowing or caring whether it is true or false - and that is intended to induce a party to detrimentally rely on it. - Also termed fraudulent representation; deceit.

fraudulent representation

See fraudulent misrepresentation under MISREPRESENTATION.

independent personal representative

See personal representative.

innocent misrepresentation

See MISREPRESENTATION.

innocent misrepresentation.

A false statement not known to be false; a misrepresentation that, though false, was not made fraudulently.

jus presentationis

n. [Latin] Civil law. The right to present a clerk to a church.

know all men by these presents

Take note. ( This archaic form of address - a loan translation of the Latin nouerint uniuersi per praesentes - was traditionally used to begin certain legal documents such as bonds and powers of attorney, but in modern drafting style the phrase is generally considered deadwood. See NOVERINT UNIVERSI PER PRAESENTES. Cf. PATEAT UNIVERSIS PER PRAESENTES.

lawful representative

See REPRESENTATIVE.

legal personal representative

1. When used by a testator referring to personal property, an executor or administrator. 2. When used by a testator referring to real property, one to whom the real estate passes immediately upon the testator's death. 3. When used concerning the death of a seaman, the public administrator, executor, or appointed administrator in the seaman's state of residence.

legal representative

See personal representative under REPRESENTATIVE.

legal-personal representative

See REPRESENTATIVE.

manche present

[Law French "a gift from the giver's sleeve"] A bribe.

material misrepresentation

See MISREPRESENTATION.

material misrepresentation.

1. Contracts. A false statement that is likely to induce a reasonable person to assent or that the maker knows is likely to induce the recipient to assent. 2. Torts. A false statement to which a reasonable person would attach importance in deciding how to act in the transaction in question or to which the maker knows or has reason to know that the recipient attaches some importance. See Restatement (Second) of Torts § 538 (1979).

material representation

See REPRESENTATION.

negligent misrepresentation

A careless or inadvertent false statement in circumstances where care should have been taken.

net present value

See PRESENT VALUE.

next presentation

Hist. In the law of advowsons, the right to present to the bishop a clerk to fill the first vacancy in a local parsonage. See ADVOWSON.