Free Pakistan LAW-GAT Exam Flashcards

The Federal Court treated Governor-General assent as necessary for Constituent Assembly legislation and found the jurisdiction-conferring provision relied on in the case lacked that assent. The ruling deepened the constitutional validation crisis that followed the Assembly's dissolution.

The Court used Hans Kelsen's revolutionary-legality theory: a successful revolution could become a new basic norm and validate a new legal order. That approach was later rejected in Asma Jilani.

The Supreme Court declared Yahya Khan a usurper, rejected Dosso's use of Kelsen to legitimize martial law, and held that unlawful seizure of power does not become lawful merely through effectiveness.

The law, custom, or usage having the force of law is void only to the extent of the inconsistency. Article 8 also bars the State from making a law that takes away or abridges Fundamental Rights, subject to the Constitution's stated exceptions.

A person is entitled to a fair trial and due process when civil rights or obligations are determined or when a criminal charge is decided.

Human dignity is inviolable, and the privacy of the home is inviolable subject to law. Article 14 also prohibits torture for extracting evidence.

The President and two Houses: the National Assembly and the Senate.

It establishes the Federal Constitutional Court, the Supreme Court, a High Court for each Province, a High Court for the Islamabad Capital Territory, and other courts established by law. A court has only jurisdiction conferred by the Constitution or by or under law.

The threat or use of force against another state's territorial integrity or political independence, or in any other manner inconsistent with the purposes of the United Nations.

State consent. A state may consent through a special agreement, a treaty jurisdiction clause, or compatible optional-clause declarations; UN membership alone does not create jurisdiction over every dispute.

The ratio decidendi is the legal principle necessary to decide the case and is the potentially binding part of a precedent. Obiter dicta are observations not necessary to the decision; they may persuade but are not binding as the ratio.

A claim-right in one person corresponds to a duty in another. If A has a legal claim that B perform or refrain from an act, B bears the correlative duty.

Possession concerns factual control plus the intention to possess; ownership is the legal title or comprehensive legal entitlement. A possessor may lack title, and an owner may temporarily lack possession.

The Qur'an, Sunnah, ijma (juristic consensus), and qiyas (analogical reasoning), with their authority and application analyzed through usul al-fiqh.

The original case (asl), the new case (far'), the rule governing the original (hukm), and the effective cause shared by both ('illah). The shared effective cause supports extending the rule to the new case.

Civil courts may try all suits of a civil nature unless their cognizance is expressly or impliedly barred.

A matter directly and substantially in issue was also directly and substantially in issue between the same parties or their privies litigating under the same title, and a competent court heard and finally decided it.

In the court within whose local jurisdiction the property is situated, subject to applicable pecuniary and other legal limits and the section's stated qualifications.

The court executing the decree decides them when they arise between the parties to the suit or their representatives; they are not decided through a separate suit.

Unless another provision or law says otherwise, an appeal lies from every decree of a court exercising original jurisdiction to the authorized appellate court. An ex parte original decree may be appealed, but a consent decree may not.

Where no appeal lies, the revisional court may intervene if a subordinate court exercised jurisdiction it did not have, failed to exercise jurisdiction it had, or acted illegally or with material irregularity in exercising jurisdiction.

A court's inherent power, exercised after recording reasons, to make orders necessary for the ends of justice or to prevent abuse of the court's process. It does not replace an express Code remedy.

A concise statement of the material facts supporting the claim or defence, not the evidence by which those facts will be proved.

No disclosed cause of action; failure to correct an undervalued relief; failure to supply required stamp paper after notice; or the suit appears from the plaint to be barred by law.

When the property is in danger of being wasted, damaged, alienated, or wrongfully sold in execution, or when the defendant threatens to remove or dispose of property to defraud creditors.

Doing something with the intention of causing wrongful gain to one person or wrongful loss to another.

When several persons commit a criminal act in furtherance of their common intention, each is liable for the act as if that person had done it alone.

Nothing is an offence if done by a child under ten years of age. The printed section heading may still say “under seven,” but the operative text was amended to ten.

A person dishonestly intends to take movable property out of another person's possession without consent and moves the property to accomplish that taking.

Criminal breach of trust begins with entrustment or dominion over property, followed by dishonest misappropriation, conversion, use, or disposal contrary to law or the governing contract. Theft instead begins with a dishonest taking from another's possession without consent.

For a cognizable offence, police may arrest without warrant under the Second Schedule or another law. For a non-cognizable offence, police may not arrest without warrant.

The officer in charge must reduce it to writing, read it to the informant, obtain the informant's signature, and enter its substance in the prescribed book, subject to special statutory procedures for specified complainants and offences.

Police may arrest a person concerned in a cognizable offence, or against whom there is a reasonable complaint, credible information, or reasonable suspicion of such involvement, without first obtaining a Magistrate's order or warrant.

The Magistrate generally examines the complainant on oath at once, reduces the substance to writing, and has it signed by both the complainant and Magistrate, subject to the section's stated exceptions.

If there are not reasonable grounds to believe the accused committed the non-bailable offence but there are sufficient grounds for further inquiry, the accused must be released pending inquiry—on bail or, at the officer's or court's discretion, on a bond without sureties.

A person is generally competent unless the court finds the person unable to understand questions or give rational answers because of youth, old age, bodily or mental disease, or a similar cause, subject to Article 3's additional provisos.

An oral or documentary statement that suggests an inference about a fact in issue or relevant fact and is made by a person and in circumstances recognized by the Order.

A confession is excluded when caused by a qualifying inducement, threat, or promise from a person in authority; a confession to police is not proved against the accused; and a confession in police custody is not proved unless made in a Magistrate's immediate presence, subject to Article 40.

Only so much of the accused's information as relates distinctly to the fact discovered because of that information, whether or not that portion amounts to a confession.

A witness must testify from the relevant firsthand perception: what the witness personally saw, heard, or otherwise perceived. An opinion generally must come from the person who holds it, subject to the Article's exceptions.

The document itself produced for the court's inspection, with the Article's rules for counterparts, documents made by a uniform process, and qualifying electronic outputs.

It includes recognized certified copies, accurate mechanical copies, compared copies, certain counterparts, and firsthand oral accounts of a document's contents. It is admissible only when a condition in Article 76 or another applicable rule permits it.

A person intentionally causes or permits another to believe something is true and to act on that belief. In a proceeding between them or their representatives, the first person may not then deny that thing's truth.

The person who asks the court to recognize a right or liability based on asserted facts must prove them; operationally, the burden lies on the party who would fail if neither side produced any evidence.

They may be asked in cross-examination. If the adverse party objects, they generally may not be asked in examination-in-chief or re-examination without court permission, although the court must allow them for introductory, undisputed, or sufficiently proved matters.

It prohibits soliciting professional employment by advertising or other means. Ordinary professional cards, name plates, and conventional directory listings are allowed when limited to professional or academic qualifications and current public offices and when they do not become personal advertising.

Not in the absence of and without the consent of that party's advocate. Rule 137 protects the represented party and counsel relationship.

The advocate must not commingle it with personal property and must promptly report receipt of the client's money or property to the client.

An advocate must not intentionally misquote testimony, argument, documents, books, statutes, or decisions, and must not knowingly cite an overruled decision or repealed or unconstitutional statute without disclosing its invalidity.

To see that justice is done, not merely to obtain a conviction. Suppressing facts or concealing witnesses capable of establishing the accused's innocence is highly reprehensible.