Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assistance, writ of
see writ of assistance,
Great Writ.
See HABEAS CORPUS.
Lloyd's underwriters
An unincorporated association of underwriters who, under a common name, engage in the insurance businessthrough an attorney-in-fact having authority to obligate the underwriters severally, within specified limits, on insurance contracts that the attorney makes or issues in the common name. - Also termed Lloyd's association; American Lloyd's.
Underwriter
1. INSURER. 2. One who buys stock from the issuer with an intent to resell it to the public; a person or entity, esp. an investment banker, who guarantees the sale of newly issued securities by purchasing all or part of the shares for resale to the public."The term 'underwriter' derives its meaning from former British insurance practices. When insuring their cargo shippers would seek out investors to insure their property. The insurers would add their signatures and would write their names under those of the shipper; hence the term 'underwriters.' Both in terms of the insurance industry and the securities markets, the concept of underwriting has expanded significantly since its inception." Thomas Lee Hazen, The Law of Securities Regulation § 2.1, at 5? (2d ed. 1994).
Underwriting
n. 1. The act of assuming a risk by insuring it; the insurance of life or property. See INSURANCE. 2. The act of agreeing to buy all or part of a new issue of securities to be offered for public sale. - underwrite, vb.
Writer to the Signet
Scots law. A member of the oldest and leading society of Scottish solicitors, originally a clerk in the Scottish Secretary of State's office responsible for preparing warrants, writs, charters, and precepts.
Writing
n. Any intentional recording of words in a visual form, whether in the form of handwriting, printing, typewriting, or any other tangible form.
abuse-of-the-writ doctrine
Criminal law. The principle that a petition for a writ of habeas corpus may not raise claims that could have been, but were not, asserted in a previous petition.
alias writ
An additional writ issued after another writ of the same kind in the same case. ( It derives its name from a Latin phrase that formerly appeared in alias writs: sicut alias praecipimus, meaning "as we at another time commanded." Cf. alias execution under EXECUTION.
all writs act
a federal statute that gives the u.s. supreme court and all courts established by congress the power to issue writs in aid of their jurisdiction and in conformity to the usages and principles of law. 28 usca § 1651(a).
alternative writ
A common-law writ commanding the person against whom it is issued either to do a specific thing or to show cause why the court should not order it to be done.
ancient writing
see ancient document under document.
best-efforts underwriting
Underwriting in which an investment banker agrees to direct, but not guarantee, the public sale of the issuer's securities. ( The underwriter, or selling group, sells the securities as agent for the issuer, and any unsold securities are never issued.
best-efforts underwriting.
See UNDERWRITING,
board of fire underwriters.
An unincorporated voluntary association made up of fire insurers.
brief-writing
The art or practice of preparing legal briefs. Also termed brief-making. "If money has been corruptly paid and corruptly received, for the purpose of influencing official action, do we have one crime of which two are guilty, or two different crimes? No uniform answer is possible under existing statutes. Under some of the provisions bribery is one offense and references to (1) giving or offering a bribe, or (2) to receiving or soliciting a bribe, are merely factual statements in regard to the guilt of one party or the other. Under another plan 'bribery' is employed as a generic term to cover two different offenses: (1) giving or offering a bribe, and (2) receiving or soliciting a bribe. A third plan uses the word 'bribery' to indicate the offense of the briber and 'receiving a bribe' for the other side of the transaction." Rollin M. Perkins & Ronald N. Boyce, Cr
chartered life underwriter
An underwriter who has satisfied 'the requirements set forth by The American College (formerly The American College of Life Underwriters) to be designated a life insurance underwriter. -Abbr. CLU.
clerk of records and writs
Hist. Officers of the English Court of Chancery responsible for filing documents and sealing bills of complaint and writs of execution. 0 The office was abolished in 1879, when its duties were moved to the Central Office.
close writ
Hist. 1. A royal writ sealed because the contents were not deemed appropriate for public inspection. Cf. patent writ; CLAUSE ROLLS. 2. A writ directed to a sheriff instead of to a lord.
concurrent writ
A duplicate of an original writ (esp. a summons), issued either at the same time as the original writ or at any time while the original writ is valid.
counterpart writ
A copy of an original writ, to be sent to a court in another county when a defendant resides in, or is found in, that county.
day writ
English law. A Queen's Bench writ allowing a prisoner to leave prison to conduct business (such as attending trial at the Court of Assizes), as long as the prisoner returns by 9:00 p.m. - Also termed day rule.
deposition on written questions
A deposition given in response to a prepared set of written questions, as opposed to a typical oral deposition. - Formerly also termed deposition on written interrogatories "The advantage of a deposition on written questions is that counsel for the parties need not go to some distant place to be present at the taking of the deposition. Instead they serve on each other questions and cross questions - and even redirect and recross questions -that they wish to have put to the deponent. These are then sent to the officer who is to take the deposition. The officer puts the questions to the witness, records the answers, and transcribes and files the deposition as with an oral deposition. The officer is merely to record what the witness says in response to the various questions propounded to him or her." Charles Alan Wright, The Law of Federal Courts § 85, at 618-19 (5th ed. 1994).
entry, writ of
See WRIT OF ENTRY.
error, writ of
See WRIT OF ERROR.
extraordinary writ
A writ issued by a court exercising unusual or discretionary power. a Examples are certiorari, habeas corpus, mandamus, and prohibition. - Also termed prerogative writ.
firm-commitment underwriting
Underwriting in which the underwriter agrees to buy all the shares to be issued and remain financially responsible for any securities not purchased. ( The underwriter, or underwriting group, buys the securities from the issuer and resells them as principal. In this type of underwriting, securities that cannot be sold to the public are owned by the underwriter, and the issuer is paid for those securities as well as the others.
ground writ
Hist. A writ issued in a county having venue of an action in order to allow a writ of eapias ad satisfaciendum or of fieri facias to be executed in a county where the defendant or the defendant's property was found. ( These two writs could not be executed in a county other than the county having venue of the action until a ground writ and then a testatum writ were first issued. This requirement was abolished in 1852. Cf. TE99TATUM.
ground writ.
See WRIT.
handwriting.
Evidence. 1. A person's chirography; the cast or form of writing peculiar to a person, including the size, shape, and style of letters, and whatever gives individuality to one's writing. 2. Something written by hand; a writing specimen. ( Non expert opinion about the genuineness of handwriting, based on familiarity not acquired for litigation purposes, can authenticate a document. Fed. R. Evid. 901(b)(2).
insurance underwriter
1. INSURER. 2. An insurance-company employee who is responsible for determining whether to issue a policy and the amount to charge for the coverage provided.
integrated writing
See integrated contract under CONTRACT.
judicial writ
1. A writ issuing from the court to which the original writ was returnable; a writ issued under the private seal of the court and not under the great seal of England. Cf. original writ. 2. Any writ issued by a court.
junior writ
A writ issued at a later time than a similar writ, such as a later writ issued by a different party or a later writ on a different claim against the same defendant.
law writer
A person who writes on legal subjects, usu. from a technical, nonpopular point of view.
life of a writ
The effective period during which a writ may be levied. ( That period usu. ends on the day that the law or the writ itself provides that it must be returned to court. life-ownerSee LIFE TENANT.
mesne, writ of
See DE MEDIO.
optional writ
At common law, an original writ issued when the plaintiff seeks specific damages, such as payment of a liquidated debt. ( The writ commands the defendant either to do a specified thing or to show why the thing has not been done.
original writ
A writ commencing an action and directing the defendant to appear and answer. ( In the United States, this writ has been largely superseded by the summons. At common law, this type of writ was a mandatory letter issuing from the court of chancery under the great seal, and in the king's name, directed to the sheriff of the county where the injury was alleged to have occurred, containing a summary statement of the cause of complaint, and requiring the sheriff in most cases to command the defendant to satisfy the claim or else appear in court to account for not satisfying it. - Sometimes shortened to original. See SUMMONS.
original-writing rule
See BEST-EVIDENCE RULE.
patent writ
Hist. An open writ; one not closed or sealed up. Cf. close writ.
peremptory writ
At common law, an original writ issued when the plaintiff seeks only general damages, as in an action for trespass. ( The writ, which is issued only after the plaintiff gives security for costs, directs the sheriff to have the defendant appear in court.
plea to the writ
A plea in abatement that objects to the writ (summons) and applies (1) to the form of the writ for a matter either apparent on the writ's face or outside the writ, or (2) to the way in which the writ was executed or acted on.
pluries writ
See PLURIES.
prerogative writ
See extraordinary writ
return of writ
The sheriff's bringing back a writ to the court that issued it, with a short written account (usu. on the back) of the manner in which the writ was executed. Often shortened to return. See RETURN (1).
standby underwriting
Underwriting in which the underwriter agrees, for a fee, to buy from the issuer any unsold shares remaining after the public offering. - Also termed strict underwriting.
standby underwriting agreement
See STANDBY COMMITMENT.
strict underwriting
See standby underwriting under UNDERWRITING.
tax write-off
A deduction of depreciation, loss, or expense.