Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Abbreaiatio Placitorum
[Law Latin "summary of the pleas"] Hist. An abstract of pleadings culled from the rolls of the Curia Regis, Parliament, and common-law courts from the 12th to 14th centuries, compiled in the 17th century, printed in 1811, attributed to Arthur Agarde, Deputy Chamberlain of the Exchequer, and other keepers of the records. Cf. YEAR BOOKS.
Actio non facit reum, nisi mens sit rea
An act does not make a person guilty unless the mind is guilty. 0 Properly, Actus non reum (q.v.).
Actus non reum facit nisi mens sit rea
An act does not make a person guilty unless his mind (or intention) is guilty. 3 Co. Inst. 54; 107.
Area bargaining
negotiation by a union of collective-bargaining agreements with scwer~ employers in a particular geographic area.
Area variance
see variance
Area-standards picketing
labor lai. The practice that a union undertakes to protect its members in a particular region by picketing employers that may undercut the market. Through the potentially lower labor costs of a nonunion workforce.
Arrear
n. (usu. Pl.) 1. The state of being behind in the payment of a debt or the discharge of an obligation <the creditor filed a lawsuit against the debtor who was in arrears>. - also termed arrearage. 2. An unpaid or overdue debt <the creditor reached an agreement with the debtor on settling the arrears>. 3. An unfinished duty <the arrears of work have accumulated>. See in arrears.
Arrearage
See arrear (1).
Backspread.
securities. In arbitrage, a less than normal price difference in the price of a currency or commodity. See arbitrage; spread (3).
Bastardus non potest habere haeredem nisi de corpore suo legitime procreatum
A bastard cannot have an heir unless it be one lawfully begotten of his own body.
Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire
Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.
Benigne faciendae sunt interpretations chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissime contra donatorem interpretanda est
Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor.
Breach
n. A violation or infraction of a law or obligation <breach of warranty> <breach of duty>. - breach
Break
ub. 1. To violate or disobey (a law) <to break the law>. 2. To nullify (a will) by court proceeding < Samson, the disinherited son, successfully broke the will>. 3. To escape from (a place of confinement) without permission <break out of prison>. 4. To open (a door, gate, etc.) and step through illegally <he broke the close>.
Breakage
1. An allowance given by a manufacturer to a buyer for goods damaged during transit or storage. 2. Insignificant amounts of money retained by racetrack promoters from bets. 0 The retention of these small sums avoids the inconvenience of counting and paying out inconsequential winnings.
Breaking
Criminal law. In the law of burglary, the act of entering a building without permission."[T]o constitute a breaking at common law, there had to be the creation of a breach or opening; a mere trespass at law was insufficient. If the occupant of the dwelling had created the opening, it was felt that he had not entitled himself to the protection of the law, as he had not properly secured his dwelling .... In the modern American criminal codes, only seldom is there a requirement of a breaking. This is not to suggest, however, that elimination of this requirement has left the 'entry' element unadorned, so that any type of entry will suffice. Rather, at least some of what was encompassed within the common law 'breaking' element is reflected by other terms describing what kind of entry is necessary. The most common statutory term is 'unlawfully,' but some jurisdictions use other lan
Breathalyzer
A device used to measure the blood alcohol content of a person's breath, esp. when the police suspect that the person was driving while intoxicated. ( Breathalyzer test results are admissible as evidence if the test was properly administered. - Also termed alcoholometer; drunkometer; intoxilyzer; intoximeter. See BLOOD ALCOHOL CONTENT. - breathalyze, ub.
Bryan treaties
Int'l law. Any of 48 treaties designed to avert war by requiring the signatories to submit disputes of any kind to standing peace commissions. ( The first of these treaties, named after Secretary of State William Jennings Bryan, was signed between the United States and Great Britain in 1914.
Bureau Veritas
See VERITAS.
Corporeal
adj. Having a physical, material existence; tangible <land and fixtures are corporeal property>. - corporeality, n. Cf. INCORPOREAL.
Correal
adj. Of or relating to liability that is joint and several. ( Under Roman law, a correal debtor who paid an entire obligation had no right of action against a codebtor. See CORREUS; SOLIDARY.
Correality
n. The quality or state of being correal; the relationship between parties to an obligation that terminates when an entire payment is made by one of two or more debtors to a creditor, or a payment is made by a debtor to one of two or more creditors.
Court of Great Sessions in Wales
Hist. A common-law court established in 1543 in Wales with jurisdiction equivalent to that of the English assizes. ( The Court of Great Sessions was bound to follow English law, but not necessarily English case precedent. - Also termed King's Great Sessions in Wales "There was no outcry when, in 1536, the sinister usages and customs' of the Welsh were abrogated and Welsh subjects were granted the same laws and liberties as the English .... A new system of courts, called the Great Sessions in Wales, was set up. The courts were to sit twice a year in four circuits, each comprising three counties, and to each circuit were appointed justices learned in the laws of this realm'. These courts operated alongside the English courts, and they had the same jurisdiction in Wales as the King's Bench and Common Pleas had in England .... In 1830 the Great Sessions were abolished, and by complete procedure
Creator
See SETTLOR (1),
Ea quae commendandi causa in venditionibus dicuntur, si palam appareant venditorem non obligant.
Those things that, by way of commendation, are stated at sales, if they are openly apparent, do not hind they are openly apparent do not bind the seller.
Engrosser of the Great Roll
See CLERK OF THE PIPE.
Estreat
n. A copy or duplicate of some original writing or record, esp. of a fine or amercement imposed by a court, extracted from the record, and certified to one who is authorized and required to collect it.
Federal Bureau of Investigation
A division of the U.S. Department of Justice charged with investigating all violations of federal laws except those specifically assigned to another federal agency. - Abbr. FBI.
Firearm
A weapon that expels a projectile (such as a bullet or pellets) by the combustion of gunpowder or other explosive.
First Lord of the Treasury
English law. The chief officer in charge of the treasury. ( Today, this position is held by the Prime Minister.
For example, a wholesaler or distributor usu. receives a greater discount than a retailer. quantity discount
See volume discount.
Great
Waters Program. A scheme created by Congress in 1990 to make the Environmental Protection Agency more directly responsible for protecting large bodies of fresh water and coastal waters from environmental harm caused by air pollution. Clean Air Act Amendments of 1990, 42 USCA § 7412(m).
Great Inquest.
See grand inquest (2) under INQUEST.
Great Lakes rule.
Maritime law. The principle that an admiralty litigant is entitled to a jury trial in a contract or tort action if the lawsuit arises on waters that span more than one state. See 28 USCA § 1873.
Great Law,
The. Hist. The first code of laws established in Pennsylvania. 0 The Great Law was passed by an assembly in 1682.
Great Rolls of the Exchequer.
See PIPE ROLLS. great seal. See SEAL.
Great Survey.
See grand inquest (2) under IN. QUEST.
Great Writ.
See HABEAS CORPUS.
Hereafter
adu. 1. From now on; henceforth <because of the highway construction, she will hereafter take the bus to work>. 2. At some future time <the court will hereafter issue a ruling on the gun's admissibility>. 3. HEREINAFTER <the exhibits hereafter referred to as Exhibit A and Exhibit B>.
Interpretatio fiends est ut res magis valeat quam pereat.
Such a construction should be made that the measure may take effect rather than fail.
Keeper of the Great Seal
In England and Scotland, an officer who has custody of the Great Seal and who authenticates state documents of the highest importance. ( In England, the duties of the Keeper of the Great Seal are now discharged by the Lord Chancellor. - Also termed Lord Keeper of the Great Seal; Lord Keeper; Keeper of the Broad Seal; Custos Sigilli.
King's Great Sessions in Wales
See COURT of GREAT SESSIONS IN WALES.
Laureate
n. 1. Hist. An officer of the sovereign's household, who composed odes annually on the sovereign's birthday, on the new year, and occasionally on the occurrence of g remarkable victory. 2. A person honored for great achievement in the arts and sciences, and esp. in poetry.
Lawbreaker
n. A person who violates or has violated the law.
Lex scripta si cesset, id custodiri oportet quod moribus et consuetudine inductum est, et, si qua in re hoc defecerit, tunc id quod proximum et consequens ei est, et, si id non appareat, tunc jus quo
If the written law fails, that which is drawn from manners and custom ought to be observed; and, if that is in any manner defective, then what is next and consistent with it; and, if that does not appear, then the law that Rome uses should be followed.
Lord High Treasurer
Hist. An officer in charge of the royal revenues and customs duties, and of leasing the Crown lands. ( The functions of the Lord High Treasurer are now vested in the lords commissioners of the treasury.
Lord Keeper of the Great Seal
See KEEPER OF THE GREAT SEAL.
Magna culpa dolus est. Great fault
is equivalent to fraud.
Mainstreaming
The practice of educating a disabled student in a class with students who are not disabled, in a regular-education setting, as opposed to a special-education one. Cf. LEAST-RESTRICTIVE ENVIRONMENT.
Maltreatment
Bad treatment (esp. improper treatment by a surgeon) resulting from ignorance, neglect, or willfulness. See MALPRACTICE.