Legal Dictionary of Pakistan

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.

Estandard

n. [Law French] A standard of weights and measures.

Fair Labor Standards Act

A federal law, enacted in 1938, that regulates minimum wages, overtime pay, and the employment of minors. 29 USCA §§ 201-219. - Abbr. FLSA.

Financial Accounting Standards Board

The independent body of accountants responsible for establishing, interpreting, and improving standards for financial accounting and reporting. - Abbr. FASB.

Jackson standard

Criminal law. The principle that the standard of review on appeal - when a criminal defendant claims that there is insufficient evidence to support the conviction - is to determine whether, after considering the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson u. Virginia, 443 U.S. 307, 99 S.Ct. 2781 (1979).

New York standard clause

See MORTGAGELOSS CLAUSE.

accredit (a-kred-it), vb. 1. To give official authorization or status to. 2. To recognize (a school) as having sufficient academic standards to qualify graduates for higher education or for profession

additional standard deduction

The sum of the additional amounts that a taxpayer who turns 65 or becomes blind before the close of the taxable year is entitled to deduct.

additional standard deduction.

See DEDUCTION.

clear-reflection-of-income standard

Tax. An income-accounting method that the IRS can force on a taxpayer if the method used does not clearly reflect income. IRC § 446(b).

clearly-erroneous standard

The standard of review that an appellate court usu. applies in judging a trial court's treatment of factual issues. 0 Under this standard, a judgment is reversible if the appellate court is left with the firm conviction that an error has been committed.

contemporary community standard

The gauge by which a fact-finder decides whether material is obscene, judging by its patent offensiveness and its pruriency in the locale at a given time. See OBSCENITY (1).

double standard

A set of principles permitting greater opportunity or greater lenience for one class of people than for another, usu. based on differences such as gender or race. See DISCRIMINATION.

feasibility standard

Bankruptcy. The requirement that, to obtain bankruptcy-court approval, a Chapter 11 reorganization plan must be workable and have a reasonable likelihood of success.

generally accepted auditing standards

The guidelines issued by the American Institute of Certified Public Accountants establishing an auditor's professional qualities and the criteria for the auditor's examination and required reports. - Abbr. GAAS. general manager See MANAGER.

gold standard

A monetary system in which currency is convertible into its legal equivalent in gold or gold coin. ( The United States adopted the gold standard in 1900 and abandoned it in 1934. Cf. PAPER STANDARD.

logical-relationship standard

Civil procedure. A test applied to determine whether a defendant's counterclaim is compulsory, by examining whether both claims are based on the same operative facts or whether those facts activate additional rights, otherwise dormant, for the defendant. ( One of the most important factors considered is whether hearing the claims together would promote judicial economy and efficiency. Fed. R. Civ. P. 13(a). "[U]nder the fourth test - frequently referred to as the

objective standard

A legal standard that is based on conduct and perceptions external to a particular person. ( In tort law, for example, the reasonable-person standard is considered an objective standard because it does not require a determination of what the defendant was thinking.

paper standard

A monetary system based entirely on paper; a system of currency that is not convertible into gold or other precious metal. Cf. GOLD STANDARD.

public-convenience-and-necessity standard

A common criterion used by a governmental body to assess whether a particular request or project is suitable for the public.

standard

n. 1. A model accepted as correct by custom, consent, or authority <what is the standard in tho ant-farm industrv?>. 2. A rri- terion for measuring acceptability, quality, or accuracy <the attorney was making a nice living - even by New York standards>. - standard, adj.

standard deduction

A specified dollar amount that a taxpayer can deduct from adjusted gross income, instead of itemizing deductions, to determine taxable income. 3. The portion of a succession to which an heir is entitled before a partition. 4. The act or process of reasoning from general propositions to a specific application or conclusion. Cf. INDUCTION (2). - deduct (for senses 1-3), ub. -deduce (for sense 4), ub.

standard instruction

A jury instruction that has been regularly used in a given jurisdiction.

standard mortgage clause

A mortgage clause that protects the mortgagee's interest even if the insured mortgagor does something to invalidate the policy. 0 In effect, this clause creates a separate contract between the insurer and the mortgagee. - Also termed union mortgage clause.

standard of care

Torts. In the law of negligence, the degree of care that a reasonable person should exercise. See CARE (2).

standard of need

In public-assistance law, the total subsistence resources required by an individual or family unit as determined by a state and, when unsatisfied by available resources, entitles the individual or family unit to public assistance.

standard of proof

The degree or level of proof demanded in a specific case, such as "beyond a reasonable doubt" or "by a preponderance of the evidence." See BURDEN OF PERSUASION.

standard policy

1. An insurance policy providing insurance that is recommended or required by state law, usu. regulated by a state agency. 2. An insurance policy that contains standard terms used for similar insurance policies nationwide, usu. drafted by an insurance industrial association such as Insurance Services Office.

standard-form contract

See CONTRACT.

subjective standard

A legal standard that is peculiar to a particular person and based on the person's individual views and experiences. 0 In criminal law, for example, premeditation is determined by a subjective standard because it depends on the defendant's mental state.

title standards

Criteria by which a real-estate title can be evaluated to determine whether it is defective or marketable. ( Many states, through associations of conveyancers and realestate attorneys, have adopted title standards.