Legal Dictionary of Pakistan

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

A rescriptis valet argumentum

An argument from rescripts (i.e., original writs in the register) is valid.

Prescription

n 1 The effect of the lapse of time in creating and destroying rights.

acquisitive prescription.

See PRESCRIPTION (2).

corporation by prescription

See CORPORATION.

extinctive prescription

See PRESCRIPTION (3).

imprescriptible

adj. Not subject to prescription; not capable of being acquired by prescription.

imprescriptible right

A right that cannot be lost to prescription.

imprescriptible right.

See RIGHT

liberative prescription

Civil law. A bar to a lawsuit resulting from its untimely filing. ( This term is essentially the civil-law equivalent to a statute of limitations. See STATUTE OF LIMITATIONS. 2. The acquisition of title to a thing (esp. an intangible thing such as the use of real property) by open and continuous possession over a statutory period. - Also termed positive prescription; acquisitive prescription. Cf ADVERSE POSSESSION.

negative prescription

See PRESCRIPTION

positive prescription

See PRESCRIPTION (2).

precompounded prescription drug

See DRUG.

prescription in a que estate

[Law French "prescription in whose estate"] A claim of prescription based on the immemorial enjoyment of the right by the claimant and the former owners whose estate the claimant has succeeded to. 3. The extinction of a title or right by failure to claim or exercise it over a long period. -Also termed negative prescription; extinctive prescription. 4. The act of establishing authoritative rules; a rule so established. 5. Int'l law. The acquisition of a territory through a continuous and undisputed exercise of sovereignty over it. - prescribe, vb. Cf. PROSCRIPTION.

prescriptive easement

An easement created from an open, adverse, and continuous use over a statutory period. - Also termed easement by prescription; adverse easement.

prescriptive right

A right obtained by prescription <after a nuisance has been continuously in existence for 20 years, a prescriptive right to continue it is acquired as an easement appurtenant to the land on which it exists>.

rescript

n. 1. A judge's written order to a court clerk explaining how to dispose of a case. 2. An appellate court's written decision, usu. unsigned, that is sent down to the trial court. 3. A Roman emperor's or a Pope's written answer to a legal inquiry or petition. Cf. PRECES. 4. A duplicate or counterpart; a rewriting.

title by prescription

A title acquired by prescription. See PRESCRIPTION (2).