Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
collateral-source rule
Torts. The doctrine that if an injured party receives compensation for its injuries from a source independent of the tortfeasor, the payment should not be deducted from the damages that the tortfeasor must pay. ( Insurance proceeds are the most common collateral source Also termed col-lateral-benefit rule.
common-source doctrine
The principle that a defendant in a trespass-to-try-title action who claims under a source common to both the defendant and the plaintiff may not demonstrate title in a third source that is paramount to the common source, because doing so amounts to an attack on the source under which the defendant claims title.
confidential source
A person who provides information to a law-enforcement agency or to a journalist on the express or implied guarantee of anonymity. 0 Confidentiality is protected both under the Federal Freedom of Information Act (for disclosures to law enforcement) and under the First Amendment (for disclosures to journalists). confinee. A person held in confinement.
enabling source
Patents. A document that defeats the patentability of an invention because the information provided made it possible -before the patent application was filed - for a person skilled in the art to make the invention. Cf. ENABLEMENT REQUIREMENT.
independent-source rule
Criminal procedure. The rule providing - as an exception to the fruit-of-the-poisonous-tree doctrine - that evidence obtained by illegal means may nonetheless be admissible if that evidence is also obtained by legal means unrelated to the original illegal conduct. See FRUIT-OF-THE-POISONOUSTREE DOCTRINE. CF INEVITABLE-DISCOVERY RULE.
natural resource
1. Any material from nature having potential economic value or providing for the sustenance of life, such as timber, minerals, oil, water, and wildlife. 2. Environmental
sole-source rule
In a false-advertising action at common law, the principle that a plaintiff may not recover unless it can demonstrate that it has a monopoly in the sale of goods possessing the advertised trait, because only then is it clear that the plaintiff would be harmed by the defendant's advertising.
source
n. The originator or primary agent of an act, circumstance, or result < she was the source of the information> <the side business was the source of income>.
source of law
Something (such as a constitution, treaty, statute, or custom) that provides authority for legislation and for judicial decisions; a point of origin for law or legal analysis. - Also termed fons juris. "The term 'sources of law' is ordinarily used in a much narrower sense than will be attributed to it here. In the literature of jurisprudence the problem of 'sources' relates to the question: Where does the judge obtain the rules by which to decide cases? In this sense, among the sources of law will be commonly listed: statutes, judicial precedents, custom, the opinion of experts, morality, and equity. In the usual discussions these various sources of law are analyzed and some attempt is made to state the conditions under which each can appropriately be drawn upon in the decision of legal controversies. Curiously, when a legislature is enacting law we do not talk about the 'sources' from which it derives its decision as to what the law shall be, though an analysis in these terms might be more enlightening than one directed toward the more restricted function performed by judges. Our concern here will be with 'sources' in a much broader sense than is usual in the literature of jurisprudence. Our interest is not so much in sources of laws, as in sources of law. From whence does the law generally draw not only its content but its force in men's lives?" Lon L. Fuller, Anatomy of the Law 69 (1968). "In the context of legal research, the term 'sources of law' can refer to three different concepts which should be distinguished. One, sources of law can refer to the origins of legal concepts and ideas .... Two, sources of law can refer to governmental institutions that formulate legal rules .... Three, sources of law can refer to the published manifestations of the law. The books, computer databases, microforms, optical disks, and other media that contain legal information are all sources of law." J. Myron Jacobstein & Roy M. Meraky, Fundamentals of Legal Research 1-2 (5th ed. 1990).