(17c) A prisoner's forcible breaking and
departure from a place of lawful confinement; the
offense of escaping from confinement in a prison or jail.
 Prison breach has traditionally been distinguished
from escape by the presence offorce, but some jurisdic
tions have abandoned this distinction. -Also termed
prison breaking; breach ofprison. Cf. ESCAPE (2). [Cases:
Escape (>::)4.J
"Breach of prison by the offender himself, when commit
ted for any cause, was felony at the common law: or even
conspiring to break it. But this severity is mitigated by the
statute de frangentibus prisonam, I Edw. II, which enacts
that no person shall have judgment of life or member,
for breaking prison, unless committed for some capital
offence. So that to break prison, when lawfully committed
for any treason or felony, remains still a felony as at the
common law; and to break prison, when lawfully confined
upon any other inferior charge, is still punishable as a
high misdemeanor by fine and imprisonment." 4 William
Blackstone, Commentaries on the Laws ofEngland 130-31
(1769).
prison camp. (1864) A usu. minimum-security camp for
the detention of trustworthy prisoners who are often
employed on government projects.
prisoner. 1. A person who is serving time in prison. 2.
A person who has been apprehended by a law-enforce
ment officer and is in custody, regardless of whether the
person has yet been put in prison. Cf. CAPTIVE (1).
"While breach of prison, or prison breach, means breaking
out of or away from prison, it is important to have clearly
in mind the meaning of the word 'prison.' If an officer
arrests an offender and takes him to jail the layman does
not think of the offender as being 'in prison' until he is
safely behind locked doors, but no one hesitates to speak
of him as a 'prisoner' from the moment of apprehension.
He is a prisoner because he is 'in prison ... whether he
were actually in the walls of a prison, or only in the stocks,
or in the custody of any person who had lawfully arrested
him ....., Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 566 (3d ed. 1982) (quoting 2 Hawk. P.c. ch. 18,  I
(6th ed. 1788)).
prisoner at the bar. (16c) Archaic. An accused person
who is on trial.
prisoner of conscience. Human-rights law. A person
who is imprisoned because of his or her beliefs, race,
sex, ethnic origin, language, or religion. -The range
ofbeliefs" that fall within this definition is not settled
but may include political ideologies and objections to
military service, esp. in wartime.
prisoner ofwar. A person, usu. a soldier, who is captured
by or surrenders to the enemy in wartime. Also
termed captive. Abbr. POW. [Cases: War and
National Emergency C=11.]
prisoner's dilemma. A logic problem often used by
law-and-ecol1omics scholars to illustrate the effect of
cooperative behavior -involVing two prisoners who
are being separately questioned about their participa
tion in a crime: (1) ifboth confess, they will each receive
a 5-year sentence; (2) if neither confesses, they will each
receive a 3-year sentence; and (3) if one confesses but

1315
the other does not, the confessing prisoner will receive
a I-year sentence while the silent prisoner will receive
a lO-year sentence. See EXTERNALITY.
Prison Litigation Reform Act. A federal statute designed
to reduce the number offrivolous lawsuits and petitions
filed by prisoners and to reduce the power of federal
courts over state prison systems. 110 Stat. 1321-66
1321-77 (1996).
prist (prist). [Law French] Hist. Ready. -In oral pleading,
this term was used to express a joinder ofissue.
privacy. The condition or state ofbeing free from public
attention to intrusion into or interference with one's
acts or decisions.
autonomy privacy. An individual's right to control his
or her personal activities or intimate personal deci
sions without outside interference, observation, or
intrusion. Ifthe individual's interest in an activity
or decision is fundamental, the state must show a com
peling public interest before the private interest can
be overcome. If the individual's interest is acknowl
edged to be less than fundamental or is disputed, then
a court must apply a balancing test. Hill v. NCAA, 865
P.2d 633, 653, 654 (Cal. 1994). [Cases: Constitutional
Law (;:::> 1210-1275.]
informational privacy. Tort. A private person's right to
choose to determine whether, how, and to what extent
information about oneselfis communicated to others,
esp. sensitive and confidential information. [Cases:
Constitutional Law C~)1227.]
privacy, invasion of. See INVASION OF PRIVACY.
privacy, right of. See RIGHT OF PRIVACY.
privacy act. See PRIVACY LAW (1).
Privacy Act of 1974. An act that regulates the govern
ment's creation, collection, use, and dissemination of
records that can identify an individual by name, as well
as other personal information. 18 USCA  552a. [Cases:
Records (;:::>31.]
privacy law. (1936) 1. A federal or state statute that
protects a person's right to be left alone or that restricts
public access to personal information such as tax
returns and medical records. Also termed privacy
act. [Cases: Records C=>3L] 2. The area oflegal studies
dealing with a person's right to be left alone and with
restricting public access to personal information such
as tax returns and medical records.
privacy privilege. See PRIVILEGE (3).
privata delicta (prr-vay-tJ di-lik-tJ). [Latin] Roman
law. Private wrongs; torts. See DELICT. Cf. PUBLICA
DELICTA.
privatae leges (prJ-vay-tee lee-jeez). [Law Latin] Scots
law. Personal laws . These were laws, such as a pardon,
that affected a single individual, not a class of people.
private, adj. (14c) 1. Relating or belonging to an individ
ual, as opposed to the public or the government. 2. (Of
a company) not having shares that are freely available i private international law
private act. See special statute under STATUTE.
private action. See civil action under ACTION (4).
private adoption. See ADOPTION.
private agent. See AGENT (2).
private annuity. See ANNUITY.
private attorney. See ATTORNEY (1).
private-attorney-general doctrine. The equitable prin
ciple that allows the recovery of attorney's fees to a
party who brings a lawsuit that benefits a significant
number of people, requires private enforcement, and
is important to society as a whole. [Cases: Costs
194.42; Federal Civil Procedure (;:::>2737.2.]
private bank. See BANK.
private benefit. Tax. The use of a tax-exempt organi
zation's assets primarily to further the interests of a
private individual or entity, rather than for a public
interest.  Under most circumstances, this type of
benefit is prohibited. See IRC (26 USCA)  501(c)(3).
Cf. private inurement under INUREMENT.
qualitatively incidental private benefit. A permis
sible private benefit arising from circumstances
under which a benefit to the public cannot be
achieved without necessarily also benefiting a private
interest.
quantitatively incidental private benefit. A permis
sible private benefit that is a necessary but insubstan
tial concomitant to a public benefit.
private bill. See BILL (3).
private boundary. See BOUNDARY.
private brand. See BRAND.
private carrier. See CARRIER.
private contract. See CONTRACT.
private corporation. See CORPORATION.
private delict. See DELICT.
private easement. See EASEMENT.
privateer (pn-vJ-teer), n. 1. A vessel owned and operated
by private persons, but authorized by a nation on certain
conditions to damage the commerce of the enemy by
acts ofpiracy. 2. A sailor on such a vessel.
privateering, n. Int'llaw. The practice of arming pri
vately owned merchant ships for the purpose ofattack
ing enemy trading ships. _ Before the practice was
outlawed, governments commissioned privateers by
issuing letters of marque to their merchant fleets. Pri
vateering was prohibited by the Declaration of Paris
Concerning Naval Warfare of 1856, which has been
observed by nearly all nations since that time. pri
vateer, vb.
private fact. See FACT.
private foundation. See FOUNDATION.
private grant. See GRANT.
private injury. See personal injury (2) under INJl:RY.
on an open market. 3. Confidential; secret. private international law. See INTERNATIONAL LAW.

1316 private inurement
private inurement. See INUREMENT.
private judging. (1979) A type of alternative dispute res
olution whereby the parties hire a private individual to
hear and decide a case. -This process may occur as a
matter of contract between the parties or in connec
tion with a statute authorizing such a process. Also
termed rent-a-judging.
"In contrast [to arbitration]. private judging is a less con
tractual, less privatized process. Party agreement, usually
formed post-dispute, does send a case to private judging.
And the parties have the freedom of contract to determine
the time and place of trial, as well as the identity of the
judge. Unlike arbitration, however, privately judged trials
may ... be: (1) required to use the same rules of procedure
and evidence used in ordinary litigation, (2) exposed to
public view by court order, (3) adjudicated only by a former
judge, and (4) subject to appeal in the same manner as
othertrial verdicts. In sum, private judging is essentially
an ordinary bench trial except that the parties select, and
pay for, the judge," Stephen J, Ware, Alternative Dispute
Resolution  2.54, at 113 (2001).
private land grant. See LAND GRANT.
private law. (18c) 1. The body oflaw dealing with private
persons and their property and relationships. Cf.
PUBtIC LAW (I). 2. See special law under LAW.
private letter ruling. See LETTER RULING.
private morality. See MORAtITY.
private mortgage insurance. See mortgage insurance
under INSURANCE.
private necessity. See NECESSITY.
private nonoperating foundation. See private founda
tion under FOL'NDATION.
private nuisance. See NUISANCE.
private offering. See OFFERING.
private operating foundation. See FOUNDATION.
private person. See PERSON (I).
private placement. L Family law. The placement of
a child for adoption by a parent, lawyer, doctor, or
private agency, rather than by a government agency.
At least eight states have prohibited private-placement
adoptions. Also termed direct placement. [Cases:
Adoption C=>6-7.8, 13, 16.] 2. Securities. See private
offering under OFFERING.
private-placement adoption. See private adoption under
ADOPTION.
private power. See POWER (3).
private prison. See PRISON.
private property. See PROPERTY.
private prosecution. See PROSECUTION.
private prosecutor. See PROSECUTOR (2).
private publication. See limited publication under PVB
LICATION.
private reprimand. See REPRIMAND.
private right. See RIGHT.
private right-of-way. See EASEMENT.
private river. See RIVER. private sale. See SALE.
private school. See SCHOOL.
private seal. See SEAL.
private search. See SEARCH.
private sector. (1930) The part of the economy or an
industry that is free from direct governmental control.
Cf. PUBLIC SECTOR.
private servitude. See SERVITUDE (2).
private signature. See SIGNATURE.
private statute. See speCial statute under STATUTE.
private stream. See STREAM.
private treaty. See TREATY (3).
private trust. See TRUST.
private-use exception. Patents. An exception to the pub
lic-use statutory bar, allowing the inventor to use the
invention for personal benefit for more than one year
without abandoning patent rights under the statutory
bars. -Also termed prior-user right. [Cases: Patents
C=>75.]
private voluntary organization. See NONGOVERNMEN
TAL ORGANIZATION.
private war. See WAR.
private water. See WATER.
private way. See WAY.
private wharf. See WHARF.
private wrong. See WRONG.
private zoning. See ZONING.
privation (pn-vay-sh,m). (15c) 1. The act oftaking away
or withdrawing. 2. The condition ofbeing deprived.
privatization (pn-va-ta-zay-sh;m), n. (1942) The act or
process ofconverting a business or industry from gov
ernmental ownership or control to private enterprise.
Cf. DENATIONALIZATION (2). privatize, vb.
privatum (pn-vay-tam). [Latin] Private. -This term
appeared in phrases such as jus privatum ("private
law").
privies (priv-eez). See PRIVY.
privigna (pn-vig-na), n. [Latin] Roman & civil law.
A daughter of one's husband or wife by a previous
marriage; a stepdaughter.
privignus (pn-vig-n<'>s). [Latin] Roman & civil law. A
son ofone's husband or wife by a previous marriage;
a stepson.
privile


] Roman & civil law. A
son ofone's husband or wife by a previous marriage;
a stepson.
privilege. (bef. 12c) 1. A special legal right, exemption,
or immunity granted to a person or class ofpersons; an
exception to a duty. _ A privilege grants someone the
legal freedom to do or not to do a given act. It immu
nizes conduct that, under ordinary circumstances,
would subject the actor to liability.
absolute privilege. (I8c) A privilege that immunizes
an actor from suit, no matter how wrongful the
action might be, and even though it is done with an

1317 privilege
improper motive. Cf. qualified privilege. [Cases: Libel
and Slander C=36; Torts C=:o 121.]
audit privilege. See AUDIT PRIVILEGE.
conditional privilege. See qualified privilege.
courtroom privilege. See judicial privilege.
defamation privilege. See litigation privilege.
deliberative-process privilege. (1977) A privilege
permitting the government to withhold documents
relating to policy formulation to encourage open and i
independent discussion among those who develop
government policy. [Cases: Privileged Communica
tions and Confidentiality (;=>361.]
judicial privilege. (1845) Defamation. l. The privilege
protecting any statement made in the course of and
with reference to a judicial proceeding by any judge,
juror, party, witness, or advocate. 2. See litigation
privilege. -Also termed courtroom privilege. [Cases:
Libel and Slander C=38.]
judicial-proceedings privilege. See litigation privi
lege.
legislative privilege. (1941) Defamation. The privilege
protecting (1) any statement made in a legislature by
one of its members, and (2) any paper published as
part oflegislative business. -Also termed (in a par
liamentary system) parliamentary privilege. [Cases:
Libel and Slander C=~37.J
litigation privilege. A privilege protecting the attor
neys and parties in a lawsuit against tort claims based
on certain acts done and statements made when
related to the litigation . The privilege is most often
applied to defamation claims but may be extended to
encompass other torts, such as invasion of privacy
and disclosure oftrade secrets. The facts ofeach case
determine whether the privilege applies and whether
it is qualified or absolute. -Also termed judicial
proceedings privilege; judicial privilege; defamation
privilege. [Cases: Libel and Slander (...'-::>38.]
official privilege. (1927) The privilege immunizing
from a defamation lawsuit any statement made by
one state officer to another in the course of official
duty. [Cases: Libel and Slander C=39, 42.]
parliamentary privilege. 1. See legislative privilege. 2.
PRIVILEGE (5).
privilege from arrest. (1840) An exemption from arrest,
as that enjoyed by members of Congress during leg
islative sessions. U.S. Const. art. I,  6, cl. L [Cases:
Arrest (;::::>60.J
qualified privilege. (1865) A privilege that immunizes
an actor from suit only when the privilege is properly
exercised in the performance of a legal or moral
duty. -Also termed conditional privilege. Cf. absolute
privilege. [Cases: Libel and Slander C=41; Officers
and Public Employees C=114; Torts 121.)
"Qualified privilege ... is an intermediate case between
total absence of privilege and the presence of absolute
privilege." R.F.V. Heuston, Salmond on the Law ofTorts 165
(17th ed. 1977). special privilege. (17c) 1. A privilege granted to a person
or class of persons to the exclusion ofothers and in
derogation ofthe common right. 2. See personal privi
lege under PRIVILEGE (5).
testimonial privilege. (1907) A right not to testify based
on a claim of privilege; a privilege that overrides a
witness's duty to disclose matters within the witness's
knowledge, whether at trial or by deposition. [Cases:
Witnesses (;::::297.)
viatorial privilege (vI-a-tor-ee-al). (1904) A privi
lege that overrides a person's duty to attend court in
person and to testify.
work-product privilege. See WORK-PRODUCT RULE.
2. An affirmative defense by which a defendant
acknowledges at least part of the conduct complained
ofbut asserts that the defendant's conduct was autho
rized or sanctioned by law; esp., in tort law, a circum
stance justifying or excusing an intentional tort. See
1USTIFICATION (2). Cf. IMMUNITY (2). [Cases: Torts
121.] 3. An evidentiary rule that gives a witness the
option to not disclose the fact asked for, even though
it might be relevant; the right to prevent disclosure of
certain information in court, esp. when the informa
tion was originally communicated in a profeSSional or
confidential relationship . Assertion ofan evidentiary
privilege can be overcome by proof that an otherwise
privileged communication was made in the presence
ofa third party to whom the privilege would not apply.
[Cases: Privileged Communications and Confidential
ity (.=:0 1, 17.J
accountant-client privilege. (1956) The protection
afforded to a client from an accountant's unauthor
ized disclosure ofmaterials submitted to or prepared
by the accountant . The privilege is not Widely rec
ognized. [Cases: Privileged Communications and
Confidentiality C=405.]
antimarital-facts privilege. See marital privilege (2).
attorney-client privilege. (1934) The client's right to
refuse to disclose and to prevent any other person
from disclosing confidential communications
between the client and the attorney . The privilege is
not Widely recognized. Also termed lawyer-client
privilege; client's privilege. [Cases: Privileged Com
munications and Confidentiality C=102.)
'There are a number of ways to organize the essential
elements of the attorney-client privilege to provide for
an orderly analysis. One of the most popular is Wigmore's
schema: '(1) Where legal advice of any kind is sought (2)
from a profeSSional legal adviser in his capacity as such,
(3) the communications relating to that purpose (4) made
in confidence (5) by the client (6) are at his instance perma
nently protected (7) from disclosure by himself or by the
legal adviser, (8) except the privilege be waived.' Though
this organization has its virtues, there is some question
as to whether it completely states the modern privilege."
24 Charles Alan Wright & Kenneth W. Graham Jr., Federal
Practice and Procedure  5473, at 103-04 (1986) (quoting
8 John Henry Wigmore, Evidence  2292, at 554 Uohn T.
McNaughton rev., 1961.
"At the present time it seems most realistic to portray
the attorney-client privilege as supported in part by its

1318 privilege
traditional utilitarian justification, and in part by the
integral role it is perceived to play in the adversary system
itself. Our system of litigation casts the lawyer in the role
of fighter for the party whom he represents. A strong tra
dition of loyalty attaches to the relationship of attorney
and client, and this tradition would be outraged by routine
examination of the lawyer as to the client's confidential
disclosures regarding professional business. To the extent
that the evidentiary privilege, then, is integrally related
to an entire code of professional conduct, it is futile to
envision drastic curtailment of the privilege without sub
stantial modification of the underlying ethical system to
which the privilege is merely ancillary." John W. Strong.
McCormick on Evidence  87. at 121-22 (4th ed. 1992).
clergyman-penitent privilege. See priest-penitent
privilege.
client's privilege. See attorney-client privilege.
doctor-patient privilege. (1954) The right to exclude
from discovery and evidence in a legal proceeding any
confidential communication that a patient makes to a
physician for the purpose of diagnosis or treatment,
unless the patient consents to the disclosure. -Also
termed patient-physician privilege; physician-patient
privilege; physician-client privilege. [Cases: Privileged
Communications and Confidentiality <:';::::'202.]
editorial privilege. See journaliSt's privilege (2).
executive privilege. (1909) A privilege, based on the
constitutional doctrine of separation of powers, that
exempts the executive branch of the federal govern
ment from usual disclosure requirements when the
matter to be disclosed involves national security
or foreign policy. Cf. executive immunity under
IMMUNITY (1). [Cases: Privileged Communications
and Confidentiality
husband-wife privilege. See marital privilege.
informant's privilege. (1962) The qualified privilege
that a government can invoke to prevent disclosure of
the identity and communications ofits informants. _
In exercising its power to formulate evidentiary rules
for federal criminal cases, the U.S. Supreme Court
has conSistently declined to hold that the govern
ment must disclose the identitv of informants in a
preliminary hearing or in a cri~inal triaL McCray v.
Illinois, 386 U.S. 300, 312, 87 S.Ct. 1056, 1063 (1967).
A party can, however, usu. overcome the privilege
by demonstrating that the need for the information
outweighs the public interest in maintaining the
privilege. Also termed informer's privilege. [Cases:
Criminal Law C=627.6; Privileged Communications
and Confidentiality C=374.]
joint-defense privilege. (1975) The rule that a defendant
can assert the attorney-client privilege to protect a
confidential communication made to a codefendant's
la"wyer ifthe communication was related to the defense
ofboth defendants. -Also termed common-interest
doctrine; common-interest privilege; common-interest
exception. [Cases: Privileged Communications and
Confidentiality C=122.]
journalist's privilege. (1970) 1. A reporter's protec
tion, under constitutional or statutory law, from being compelled to testify about confidential infor
mation or sources. Also termed reporter's privi
lege; newsman's privilege. See SHIELD LAW (1). [Cases:
Privileged Communications and ConfidentialityC=
404.] 2. A publisher's protection against defamation
lawsuits when the publication makes fair comment
on the actions of public officials in matters of public
concern. Also termed editorial privilege; common
interest privilege; common-interest exception. See FAIR
COMMENT. [Cases: Libel and Slander C=49.]
lawyer-client privilege. See attorney-client privilege.
marital privilege. (1902) 1. 1he privilege allowing a
spouse not to testify, and to prevent another person
from testifying, about confidential communications
between the spouses during the marriage. -Also
termed marital-communications privilege. [Cases:
Privileged Communications and Confidentiality<>;:>
60.] 2. The privilege allowing a spouse not to testify in
a criminal case as an adverse witness against the other
spouse, regardless of the subject matter of the testi
mony. Also termed (in sense 2) privilege against
adverse spousal testimony; antimarital-facts privilege.
[Cases: Witnesses C=Sl.] 3. The privilege immuniz
ing from a defamation lawsuit any statement made
between husband and wife. -Also termed (in all
senses) spousal privilege; husband-wife privilege.
national-security privilege. See state-secrets privi
lege.
newsman's privilege. See journalist's privilege (1).
patient-physician privilege. See doctor-patient privi
lege.
peer-review privilege. (1979) A privilege that protects
from disclosure the proceedings and reports of a
medical facility's peer-review committee, which
reviews and oversees the patient care and medical
services provided by the staff. [Cases: Privileged
Communications and ConfidentlalityC=422.]
physician-client privilege. See doctor-patient privi
lege.
political-vote privilege. A privilege to protect from
compulsory disclosure a vote cast in an election by
secret ballot. [Cases: Elections (~28.]
priest-penitent privilege. (1958) The privilege barring
a clergy member from testifying about a confessor's
communications. -Also termed clergyman-penitent
privilege. [Cases: Privileged Communications and
Confidentiality C=403.]
privacy privilege. A defendant's right not to disclose
private information unless the plaintiff can show that
(1) the information is directly relevant to the case,
and (2) the plaintiff's need for the information out
weighs the defendant's need for nondisclosure. -This
privilege is recognized in California but in few other
jurisdictions. [Cases: Witnesses C=184(1).]
privilege against adverse spousal testimony. See
marital privilege (2).

1319
privilege against self-incrimination. Criminal law. 1.
RIGHT AGAINST SELF-INCRIMINATION. 2. A criminal
defendant's right not to be asked any questions by the
judge or prosecution unless the defendant chooses
to testify. Also termed right not to be questioned.
[Cases: Witnesses~299.1
"According to the rule, neither the judge nor the


questioned.
[Cases: Witnesses~299.1
"According to the rule, neither the judge nor the prosecu
tion is entitled at any stage to question the accused unless
he chooses to give evidence .... This rule may be called
the accused's right not to be questioned; in America it is
termed the privilege against selfincrimination. The latter
expression is more apt as the name for another rule, the
privilege of any witness to refuse to answer an incriminat
ing question; this is different from the rule under discus
sion, which, applying only to persons accused of crime,
prevents the question from being asked. The person
charged with crime has not merely the liberty to refuse to
answer a question incriminating himself; he is freed even
from the embarrassment of being asked the question."
Glanville Williams, The ProofofGuilt 37-38 (3d ed. 1963).
psychotherapist-patient privilege. (1968) A privilege
that a person can invoke to prevent the disclosure
of a confidential communication made in the course
of diagnosis or treatment of a mental or emotional
condition by or at the direction of a psychothera
pist -The privilege can be overcome under certain
conditions, as when the examination is ordered by a
court. -Also termed psychotherapist-client privilege.
[Cases: Privileged Communications and Confidenti
ality~312.]
reporter's privilege. See journalist's privilege (1).
self-critical-analysis privilege. (1982) A privilege pro
tecting individuals and entities from divulging the
results of candid assessments of their compliance with
laws and regulations, to the extent that the assess
ments are internal, the results were intended from
the outset to be confidential, and the information is
ofa type that would be curtailed if it were forced to
be disclosed. _ This privilege is founded on the public
policy that it is beneficial to permit individuals and
entities to confidentially evaluate their compliance
with the law, so that they will monitor and improve
their compliance with it. Also termed self-policing
privilege; self-evaluation privilege. [Cases: Privileged
Communications and Confidentiality ~418.1
spousal privilege. See marital privilege.
state-secrets privilege. (1959) A privilege that the
government may invoke against the discovery of a
material that, if divulged, could compromise national
security. -Also termed national-security privilege.
[Cases: Privileged Communications and Confiden
tiality ~360.]
tax-return privilege. A privilege to refuse to divulge
the contents of a tax return or certain related docu
ments. -The privilege is founded on the public policy
of encouraging honest tax returns. [Cases: Witnesses
C::::C216(2).]
4. Civil law. A creditor's right, arising from the nature
of the debt, to priority over the debtor's other credi
tors. 5. Parliamentary law. The status of a motion as
outranking other business because of its relationship privileged
to the meeting's or a member's rights. -Also termed
parliamentary privilege. See question ofprivilege under
QUESTION (3).
general privilege. A privilege that concerns the delib
erative assembly as a body, rather than any partic
ular member or members. Also termed privilege
ofthe assembly; privilege of the house. Cf. personal
privilege.
parliamentary privilege. 1. A privilege under parlia
mentary law. 2. See legislative privilege under PRIVI
LEGE (1).
personal privilege. A privilege that concerns an indi
vidual member or members (e.g., a member's reputa
tion or physical ability to hear the proceedings) rather
than the deliberative assembly generally. -Also
termed special privilege. See procedural point under
POINT. Cf. general privilege.
privilege ofthe assembly. See general privilege.
privilege ofthe floor. Parliamentary law. (usu. pl.) 1be
right ofentering, passing through, and sitting on the
floor during a meeting. See FLOOR (1).
"The expression 'privileges of the floor,' sometimes used
in legislative bodies or conventions, has nothing to do with
having the floor, but means merely that a person is permit
ted to enter the hall. It carries no right to speak or any other
right of membership, except as may be determined by rules
or action of the body." Henry M. Robert, Robert's Rules of
Order Newly Revised  3, at 28 n. (1 Oth ed. 2000).
privilege ofthe house. See general privilege.
special privilege. See personal privilege.
privileged, adj. 1. Not subject to the usual rules or liabili
ties; esp., not subject to disclosure during the course
of a lawsuit <a privileged document>. 2. Enjoying
or subject to a privilege. See privileged motion under
MOTION (2).
privileged communication. See COMMUNICATION.
privileged copyhold. See COPYHOLD.
privileged debt. See DEBT.
privileged evidence. See EVIDENCE.
privileged motion. See MOTION (2).
privileged question. See QUESTION (3).
privileged subscription. See rights offering under
OFFERING.
privileged villeinage. See VILLEINAGE.
privilege from arrest. See PRIVILEGE (1).
privilege ofpalace. The exemption of a dwelling that is
used as a royal residence from the execution of legal
process within its precincts. -The monarch does not
have to be in residence at the time but must intend to
retain the power to take up personal residence in the
dwelling at will. Not all palaces are royal residences;
England's Westminster Palace, for example, is occupied
by the Parliament of the United Kingdom, not the
queen, who relinquished all control of the palace in
1965.

1320 Privileges and Immunities Clause
Privileges and Immunities Clause. (1911) The con
stitutional provision (U.S. Const. art. IV,  2, d. 1)
prohibiting a state from favoring its own citizens by
discriminating against other states' citizens who come
within its borders. [Cases: Constitutional Law
2935-2963.]
Privileges or Immunities Clause. (1918) The constitu
tional provision (U.S. Const. amend. XIV,  1) prohibit
ing state laws that abridge the privileges or immunities
of U.S. citizens. _ The clause was effectively nullified
by the Supreme Court in the Slaughter-House Cases,
83 U.S. (16 Wall.) 36 (1873). Cf. DUE PROCESS CLAUSE;
EQUAL PROTECTION CLAUSE. [Cases: Constitutional
Law (;::::>291O-2932.J
privilege tax. See TAX.
privilegium (priv-<l-lee-jee-<lm), n. [Latin]!. Roman law.
A law passed against or in favor of a specific individual.
2. Roman law. A special right, esp. one giving priority
to a creditor. 3. CilJillaw. Every right or favor that is
granted by the law but is contrary to the usual rule.
privilegium clericale (priv-<l-lee-jee-dm kler-d-kay-Iee).
[Law Latin] See BENEFIT OF CLERGY.
privity (priv-<l-tee). (16c) 1. The connection or relation
ship between two parties, each having a legally rec
ognized interest in the same subject matter (such as a
transaction, proceeding, or piece of property); mutual
ity of interest <privity ofcontract>. [Cases: Contracts
(::::: 186; Judgment (:::::678(2).]
horizontal privity. (1968) Commercial law. The legal
relationship between a party and a nonparty who is
related to the party (such as a buyer and a member of
the buyer's family). [Cases; Sales (:::::255.]
privity ofblood. (16c) 1. Privity between an heir and an
ancestor. 2. Privity between coparceners.
privity ofcontract. (17c) Ihe relationship between
the parties to a contract, allOWing them to sue each
other but preventing a third party from doing so.
The requirement of privity has been relaxed under
modern laws and doctrines ofimplied warranty and
strict liability, which allow a third-party beneficiary
or other foreseeable user to sue the seller of a defective
product. [Cases: Contracts C= 186; Sales (,~'255.]
'To many students and practitioners of the common law
privity of contract became a fetish. As such, it operated
to deprive many a claimant of a remedy in cases where
according to the mores of the time the claim was just. It
has made many learned men believe that a chose in action
could not be assigned. Even now, it is gravely asserted
that a man cannot be made the debtor of another against
his will. But the common law was gradually influenced by
equity and by the law merchant, so that by assignment
a debtor could become bound to pay a perfect stranger
to himself, although until the legislature stepped in, the
common-law courts characteristically made use of a fiction
and pretended that they were not doing that which they
really were doing." William R. Anson, Principles of the Law
ofContract 335 (Arthur L. Corbin ed., 3d Am. ed. 1919).
"It is an elementary principle of English law -known as the
doctrine of 'Privity of Contract' -that contractual rights
and duties only affect the parties to a contract, and this
principle is the distinguishing feature between the law of contract and the law of property. True proprietary rights
are 'binding on the world' in the lawyer's traditional phrase,
Contractual rights, on the other hand, are only binding on,
and enforceable by, the immediate parties to the contract.
But this distinction, fundamental though it be, wears a little
thin at times. On the one hand, there has been a constant
tendency for contractual rights to be extended in their
scope so as to affect more and more persons who cannot
be regarded as parties to the transaction. On the other
hand, few proprietary rights are literally 'binding on the
world'." P.S. Atiyah, An Introduction to the Law ofContract
265 (3d ed. 1981).
"The doctrine of privity means that a person cannot
acquire rights or be subject to liabilities arising under a
contract to which he is not a party. It does not mean that
a contract between A and B cannot affect the legal rights
of C indirectly." C.H. Treitel, The Law of Contract 538 (8th
ed.1991).
privity ofestate. (17c) A mutual or successive relation
ship to the same right in property, as between grantor
and grantee or landlord and tenant. -Also termed
privity oftitle; privity in estate. [Cases: Landlord and
Tenant (;::::>20,
privity afpossession. (1818) Privity between parties in
successive possession of real property. -The existence
of this type of privity is often at issue in adverse-pos
session claims. [Cases: Adverse Possession (:::::43.]
privity oftitle. See privity ofestate.
vertical privity. (1968) 1. Commercial law. The legal
relationship between parties in a product's chain of
distribution as a manufacturer and a seller).
[Cases: Sales 2. Privity between one who
signs a contract containing a restrictive covenant and
one who acquires the property burdened by it.
2. Joint knowledge or awareness of something private
or secret, esp. as implying concurrence or consent
<privity to a crime>.
privy (priv-ee), n. pl. (15c) A person haVing a legal
interest ofprivity in any action, matter, or property; a
person who is in privity with another. -Traditionally,
there were six types ofprivies: (1) privies in blood, such
as an heir and an ancestor; (2) privies in representation,
such as an executor and a testator or an administra
tor and an intestate person; (3) privies in estate, such
as grantor and grantee or lessor and lessee; (4) privies
in respect to a contract the parties to a contract; (5)
privies in respect ofestate and contract, such as a lessor
and lessee where the lessee assigns an interest, but the
contract between lessor and lessee continues because
the lessor does not accept the assignee; and (6) privies
in law, such as husband and wife. The term also appears
in the context of litigation. In this sense, it includes
someone who controls a lawsuit though not a party to
it; someone whose interests are represented by a party
to the lawsuit; and a successor in interest to anyone
having a derivative claim. PI. privies.
Privy Council. In Britain, the principal council of the
sovereign, composed ofthe cabinet ministers and other
persons chosen by royal appointment to serve as privy
councillors. -The functions of the Privy Council are

1321 probate
now mostly ceremoniaL See JUDICIAL COMMITTEE OF
THE PRIVY COUNCIL.
Privy Councillor. A member of the Privy Council. -
Abbr. P.e.
privy purse. English law. The income set apart for the
sovereign's personal use.
privy seal. 1. A seal used in making out grants or letters
patent before they are passed under the great seal. 2.
(cap.) LORD PRIVY SEAL.
privy signet. Hist. The signet or seal used by the sover
eign in making out grants and private letters.
privy verdict. See VERDICT.
prize. 1. Something ofvalue awarded in recognition ofa
person's achievement. 2. A vessel or cargo captured at
sea or seized in port by the forces ofa nation at war, and
therefore liable to being condemned or appropriated as
enemy property. [Cases: War and National Emergency
C-'--::>28.]
prize court. See COURT.
prize fighting. Fighting for a reward or prize; esp., pro
fessional boxing. [Cases: Public Amusement and Enter
tainment (~27.]
"Prize fighting ... was not looked upon with favor by the
common law as was a friendly boxing match or wrestling
match. On the other hand it


... was not looked upon with favor by the
common law as was a friendly boxing match or wrestling
match. On the other hand it was not punishable by the
common law unless it was fought in a public place, or for
some other reason constituted a breach of the peace."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 480
(3d ed. 1982).
prize goods. See GOODS.
prize law. The system of laws applicable to the capture
of prize at sea, dealing with such matters as the rights
ofcaptors and the distribution ofthe proceeds. [Cases:
War and National Emergency C=>28.]
prize money. 1. A dividend from the proceeds of a
captured vessel, paid to the captors. 2. Money offered
asan award.
PRM. abbr. BUREAU OF POPULATION, REFUGEES, AND
MIGRATION.
PRO. abbr. PEER-REVIEW ORGANIZATION.
pro (proh). [Latin] (15c) For.
proamita (proh-am-;l-t;l). [Latin] Roman & civil law. A
great-great aunt; the sister ofone's great-grandfather.
proamita magna (proh-am-;l-t;l mag-m). [Latin] Civil
law. A great-great-great-aunt.
proavia (proh-ay-vee-;l). [Latin] Roman & civil law. A
great-grandmother.
proavunculus (proh-;l-v<Jngk-Y;l-I;ls). [Latin] Civil law.
A great-grandmother's brother.
proavus. Civil law. A great-grandfather.
probabilis causa (pr;l-bay-ba-lis kaw-zd). [Latin]
Probable cause.
probabilis causa Wigandi (pfa-bab-a-lis kaw-zd !it
i-gan-dI). [Law Latin] Scots law. A probable cause of action. A person applying for legal aid has to show a
reasonable basis for the proposed legal action.
probable cause. (16c) 1. Criminal law. A reasonable
ground to suspect that a person has committed or is
committing a crime or that a place contains specific
items connected with a crime. Under the Fourth
Amendment, probable cause -which amounts to
more than a bare suspicion but less than evidence that
would justify a conviction must be shown before an
arrest warrant or search warrant may be issued. Also
termed reasonable cause; sufficient cause; reasonable
grounds; reasonable excuse Cf. reasonable suspicion
under SUSPICION. [Cases: Arrest C=>63.4(2).]
"Probable cause may not be established simply by showing
that the officer who made the challenged arrest or search
subjectively believed he had grounds for his action. As
emphasized in Beck v. Ohio [379 U.S. 89, 85 S.Ct. 223
(1964)J: 'If subjective good faith alone were the test, the
protection of the Fourth Amendment would evaporate,
and the people would be "secure in their persons, houses,
papers, and effects" only in the discretion of the police.'
The probable cause test, then, is an objective one; for there
to be probable cause, the facts must be such as would
warrant a belief by a reasonable man." Wayne R. LaFave
& Jerold H. Israel. Criminal Procedure  3.3, at 140 (2d
ed.1992).
2. Torts. A reasonable belief in the existence of facts
on which a claim is based and in the legal validity
of the claim itself. In this sense, probable cause is
usu. assessed as of the time when the claimant brings
the claim (as by filing suit). 3. A reasonable basis to
support issuance of an administrative warrant based
on either (1) specific evidence of an existing violation
of administrative rules, or (2) evidence showing that a
particular business meets the legislative or administra
tive standards permitting an inspection ofthe business
premises. [Cases: Searches and Seizures ~129.]
probable-cause hearing. 1. See PRELIMINARY HEARING.
2. See shelter hearing under HEARING.
probable consequence. (16c) An effect or result that
is more likely than not to follow its supposed cause.
[Cases: Negligence C:",">386.]
probable-desistance test. (1974) Criminal law. A
common-law test for the crime of attempt, focusing
on whether the defendant has exhibited dangerous
behavior indicating a likelihood of committing the
crime. See ATTEMPT (2).
probable evidence. See presumptive evidence under
EVIDENCE.
probandum (proh-ban-dam), n. A fact to be proved. See
fact in issue under FACT. PI. probanda.
probata (proh-bay-t;l). [Latin] pl. PROBATUM.
probate (proh-bayt), n. (ISc) 1. The judicial procedure by
which a testamentary document is established to be a
valid will; the proving ofa will to the satisfaction ofthe
court.  Unless set aside, the probate of a will is con
clusive upon the parties to the proceedings (and others
who had notice ofthem) on all questions of testamen
tary capacity, the absence offraud or undue influence,
and due execution of the will. But probate does not

1322 probate
preclude inquiry into the validity of the will's provi
sions or on their proper construction or legal effect.
Also termed proofofwill. [Cases: Wills C=>203-434.]
independent probate. See informal probate.
informal probate. (1974) Probate designed to operate
with minimal input and supervision of the probate
court.  Most modern probate codes encourage this
type ofadministration, with an independent personal
representative. -Also termed independent probate.
Cf. independent executor under EXECUTOR. [Cases:
Executors and Administrators C=>3(1).]
probate in common form. Probate granted in the
registry, without any formal procedure in court, on
the executor's ex parte application . The judgment
is subject to being reopened by a party who has not
been given notice. [Cases: Wills C=>213.]
probate in solemn form. Probate granted in open court,
as a final decree, when all interested parties have been
given notice . The judgment is final for all parties
who have had notice ofthe proceeding, unless a later
will is discovered. [Cases: Wills C=>214.]
small-estate probate. (2004) An informal procedure
for administering small estates, less structured than
the normal process and usu. not requiring the assis
tance ofan attorney.
2. Loosely, a personal representative's actions in
handling a decedent's estate. 3. Loosely, all the subjects
over which probate courts have jurisdiction. 4. Archaic.
A nonresident plaintiff's proof of a debt by swearing
before a notary public or other officer that the debt is
correct, just, and due, and by having the notary attach
a jurat.
probate, vb. (18c) 1. To admit (a will) to proof. 2. To
administer (a decedent's estate). 3. To grant probation
to (a criminal); to reduce (a sentence) by means ofpro
bation.
probate asset. See legal asset under ASSET.
probate bond. See BOND (2).
probate code. (1931) A collection ofstatutes setting forth
the law (substantive and procedural) of decedents'
estates and trusts. [Cases: Wills C=>204.]
probate court. See COURT.
probate distribution. See DISTRIBUTION.
probate duty. See DUTY (4).
probate estate. (1930) A decedent's property subject
to administration by a personal representative .
The probate estate comprises property owned by the
decedent at the time of death and property acquired
by the decedent's estate at or after the time ofdeath.
Also termed probate property. See decedent's estate
under ESTATE (3). [Cases: Executors and Administra
tors C=>38-61; Wills C=>4.]
netprobate estate. The probate estate after the follow
ing deductions: (1) family allowances, (2) exempt
property, (3) homestead allowances, (4) claims
against the estate, and (5) taxes for which the estate is liable. -Also termed net estate. Cf. adjusted gross
estate (1) under ESTATE (3). [Cases: Internal Revenue
C=>4149-4185; Taxation C=>3351.]
probate fee. See FEE (1).
probate homestead. See HOMESTEAD.
probate in common form. See PROBATE.
probate in solemn form. See PROBATE.
probate judge. See JUDGE.
probate jurisdiction. See JURISDICTION.
probate law. The body of statutes, rules, cases, etc. gov
erning all subjects over which a probate court has juris
diction.
probate property. See PROBATE ESTATE.
probate register. See REGISTER.
probatio (pra-bay-shee-oh). [Latin] Roman & civil law.
Proof.
plena probatio. See probatio plena.
probatio diabolica (pra-bay-shee-oh dI-a-bol-i-b).
[Latin "devil's proof"] Civil law. The (usu. difficult)
proofofownership ofan immovable thing by tracing
its title back to the sovereign.
probatio mortua (pra-bay-shee-oh mor-choo-a).
[Latin] Dead proof; proof by an inanimate object such
as a deed or other instrument.
probatio plena (pra-bay-shee-oh plee-m). [Latin] Civil
law. Full proof; proof by two witnesses or a public
instrument. -Also termed plena probatio.
probatio probata (pra-bay-shee-oh pra-bay-ta). [Law
Latin] A proven proof; evidence that could not be
contradicted.
probatio prout dejure (proh-bay-shee-oh proh-at dee
[or di] joor-ee). [Law Latin] A proof according to any
of the legal modes ofproof applicable to the circum
stance.
probatio semi-plena (pra-bay-shee-oh sem -I -plee-na).
[Latin] Civil law. Half-full proof; half-proof; proof by
one witness or a private instrument.
probatio viva (pra-bay-shee-oh VI-va). [Latin] Living
proof; that is, proof by the mouth ofa witness.
probation. (16c) 1. A court-imposed criminal sentence
that, subject to stated conditions, releases a convicted
person into the community instead of sending the
criminal to jail or prison. Cf. PAROLE. [Cases: Sentenc
ing and Punishment C=> 1811.] -probationary, adj.
bench probation. (1966) Probation in which the
offender agrees to certain conditions or restrictions
and reports only to the sentencing judge rather than
a probation officer. -Also termed bench parole; court
probation. [Cases: Sentencing and Punishment C=>
1969.]
deferred-adjudication probation. See deferred
judgment under JUDGMENT.
shock probation. (1972) Probation that is granted
after a brief stay in jail or prison. Shock probation

1323
is intended to awaken the defendant to the reality of
confinement for failure to abide by the conditions of
probation. This type of probation is discretionary
with the sentencing judge and is usu. granted within
180 days of the original sentence. Also termed
split sentence. Cf. shock incarceration under INCAR
CERATION. [Cases: Sentencing and Punishment
1936.]
2. The act ofjudicially proving a wilL See PROBATE.
probate, adj.
probationary employee. See EMPLOYEE.
probation before judgment. See deferred judgment
under JUDGMENT.
probationer. A convicted criminal who is on proba
tion.
probation officer. See OFFICER (1).
probation termination. (1970) The ending of a person's
status as a probationer by (1) the routine expiration of
the probationary period, (2) early termination by court
order, or (3) probation revocation. [Cases: Sentencing
and Punishment Cr~1948, 1953, 2000-2041.]
probation-violation warrant. See violation warrant
under WARRANT (1).
probation without judgment. See deferred judgment
under JUDGMENT.
probatio plena. See PROBATIO.
probatio semi-plena. See PROBATIO.
probatio viva. See PROBATIO.
probative (proh-b,,-tiv), adj. (17c) Tending to prove or
disprove . Courts can exclude relevant evidence if
its probative value is substantially outweighed by the
danger of unfair prejudice. Fed. R. Evid. 403. [Cases:
Criminal Law ~338(l), 338(7); Evidence C)99,
146.]- probativeness, probativity, n.
probative evidence. See EVIDENCE.
probative fact. See FACT.
probative similiarity. See substantial similarity under
SIMILARITY.
probator (proh-bay-t<lr), n. Hist. An accused person who
confesses to a crime but asserts that another also par
ticipated in the crime . The probator had to undertake
to prove the supposed accomplice's guilt.
probatory term. See term probatory (2) under TERM
(5).
probatum (proh-bay-t;:Jm), n. [Latin] Something con
clusively established or proved; proof. PI. probata. Cf.
ALLEGATUM.
problem-oriented policing. (1986) A method that law
enforcement officers use to reduce crime by identify
ing and remedying the underlying causes of criminal
incidents rather than merely seeking basic information
(such as the identity ofthe perpetrator) about the crime
being investigated.
problem


rather than merely seeking basic information
(such as the identity ofthe perpetrator) about the crime
being investigated.
problem-solving court. See COURT. procedure
pro bono (proh boh-noh), adv. & adj. [Latin pro bono
publico "for the public good"] (1966) Being or involv
ing uncompensated legal services performed esp. for
the public good <took the case pro bono> <50 hours of
pro bono work each year>. [Cases: Attorney and Client
C=',23, 132.]
"The bar in this country has a long-standing tradition of
service pro bono publico -legal services 'for the public
good,' provided at no cost or a reduced fee. This concept
encompasses a wide range of activities, including law
reform efforts, participation in bar associations and civic
organizations, and individual or group representation.
Clients who receive such assistance also span a broad
range including: poor people, nonprofit organizations,
ideological or political causes, and friends, relatives, or
employees of the lawyer." Deborah L. Rhode & Geoffrey C.
Hazard, ProfeSSional Responsibility 162 (2002).
pro bono et malo (proh boh-noh et mal-oh). [Latin] For
good and ill. See DE BONO ET MALO.
pro bono publico (proh boh-noh p3b-li-koh orpoo-bli
kohl. [Latin] Hist. For the public good. Cf. PRO PRIVATO
COM MODO.
probus et legalis homo (proh-b<'ls et la-gay-lis hoh-moh).
[Law Latin] A good and lawful man. This phrase
referred to a juror who was legally competent to serve
on a jury. PI. probi et legales homines.
procedendo (proh-s,,-den-doh). [Latin] A higher court's
order directing a lower court to determine and enter a
judgment in a preViously removed case.
procedendo ad judicium. See DE PROCEDENDO AD
JUDICIUM.
procedural consolidation. See JOINT ADMINISTRA
TION.
procedural-default doctrine. (1980) The principle that
a federal court lacks jurisdiction to review the merits
ofa habeas corpus petition if a state court has refused
to review the complaint because the petitioner failed
to follow reasonable state-court procedures. [Cases:
Habeas Corpus ~':J313-43L]
procedural due process. See DUE PROCESS.
procednrallaw. (1896) The rules that prescribe the
steps for having a right or duty judicially enforced, as
opposed to the law that defines the specific rights or
duties themselves. Also termed adjective law. Cf.
SUBSTANTIVE LAW. [Cases: Statutes (;::J242.]
procedural main motion. See incidental main motion
under MOTION (2).
procedural motion. See MOTION (2).
procedural point. See POINT.
procedural presumption. See PRESUMPTION.
procedural right. See RIGHT.
procedural unconscionability. See UNCONSCIONABIL
ITY.
procedure. (16c) 1. A specific method or course of
action. 2. The judicial rule or manner for carrying on
a civil lawsuit or criminal prosecution. -Also termed

proceeding 1324
rules ofprocedure. See CIVIL PROCEDURE; CRIMINAL
PROCEDURE.
proceeding. (16c) 1. The regular and orderly progres
sion ofa lawsuit, including all acts and events between
the time ofcommencement and the entry ofjudgment.
2. Any procedural means for seeking redress from a
tribunal or agency. 3. An act or step that is part of a
larger action. 4. The business conducted by a court or
other official body; a hearing. 5. Bankruptcy. A particu
lar dispute or matter arising within a pending case
as opposed to the case as a whole. [Cases: Bankruptcy
C=>2156.]
'''Proceeding' is a word much used to express the business
done in courts. A proceeding in court is an act done by the
authority or direction of the court, express or implied. It
is more comprehensive than the word 'action,' but it may
include in its general sense all the steps taken or measures
adopted in the prosecution or defense of an action, includ
ing the pleadings and judgment. As applied to actions, the
term 'proceeding' may include-(l) the institution of the
action; (2) the appearance of the defendant; (3) all ancil
lary or provisional steps, such as arrest, attachment of
property, garnishment, injunction, writ of ne exeat; (4) the
pleadings; (5) the taking of testimony before trial; (6) all
motions made in the action; (7) the trial; (8) the judgment;
(9) the execution; (10) proceedings supplementary to
execution, in code practice; (11) the taking of the appeal
or writ of error; (12) the remittitur, or sending back of the
record to the lower court from the appellate or reviewing
court; (13) the enforcement of the judgment, or a new trial,
as may be directed by the court of last resort." Edwin E.
Bryant, The Law of Pleading Under the Codes of Civil Pro
cedure 3-4 (2d ed. 1899).
adjudicatory proceeding. See adjudication hearing
under HEARING.
administrative proceeding. See ADMINISTRATIVE PRO
CEEDING.
collateral proceeding. (18c) A proceeding brought to
address an issue incidental to tbe principal proceed
ing.
competency proceeding. (1925) A proceeding to assess
a person's mental capacity . A competency hearing
may be held either in a criminal context to determine
a defendant's competency to stand trial or as a civil
proceeding to assess whether a person should be com
mitted to a mental-health facility or should have a
guardian appointed to manage the person's affairs.
contempt proceeding. (1859) A judicial or quasi-judicial
hearing conducted to determine whether a person
has committed contempt. [Cases: Contempt (~40.1
core proceeding. See CORE PROCEEDING.
criminal proceeding. (16c) A proceeding instituted to
determine a person's guilt or innocence or to set a
convicted person's punishment; a criminal hearing
or trial.
ex parte proceeding (eks pahr-tee). (l8c) A proceed
ing in which not all parties are present or given the
opportunity to be heard. Also termed ex parte
hearing.
in camera proceeding (in kam-a-ra). (1958) A proceed
ing held in a judge's chambers or other private place. [Cases: Pretrial Procedure C=>411; Privileged Com
munications and Confidentiality C=>31.]
informal proceeding. (l8c) A trial conducted in a more
relaxed manner than a typical court trial, such as an
administrative hearing or a trial in small-claims
court. Administrative Law and Procedure
C=>469; Courts
involuntary proceeding. See involuntary bankruptcy
under BANKRUPTCY.
judicial proceeding. (16c) Any court proceeding; any
proceeding initiated to procure an order or decree,
whether in law or in equity.
noncore proceeding. See RELATED PROCEEDING.
posttrial proceeding. Action on a case that occurs after
the trial is completed.
proceeding in rem. A proceeding brought to affect
all persons' interests in a thing that is subject to the
power ofa state. [Cases: Action (.'=' 16.]
proceeding quasi in rem. A proceeding brought to
affect particular persons' interests in a thing. [Cases:
Action C=> 16.]
quasi-criminal proceeding. Procedure. A civil proceed
ing that is conducted in conformity with the rules of
a criminal proceeding because a penalty analogous
to a criminal penalty may apply, as in some juvenile
proceedings. -For example, juvenile delinquency is
classified as a civil offense. But like a defendant in
a criminal trial, an accused juvenile faces a poten
tialloss So criminal procedure rules apply.
[Cases: Action Infants C=> 194.1, 195.]
related proceeding. See RELATED PROCEEDING.
special proceeding. (18c) 1. A proceeding that can be
commenced independently of a pending action and
from which a final order may be appealed immedi
ately. 2. A proceeding involving statutory or civil
remedies or rules rather than the rules or remedies
ordinarily available under rules ofprocedure; a pro
ceeding proViding extraordinary relief. [Cases: Action
(::=20.]
summary proceeding. (l7c) A nonjury proceeding that
settles a controversy or disposes of a case in a rela
tively prompt and simple manner. Also termed
summary trial. Cf. plenary action under ACTION (4).
"Summary proceedings were such as were directed by Act
of Parliament, there was no jury, and the person accused
was acquitted or sentenced only by such person as statute
had appointed for his judge. The common law was wholly
a stranger to summary proceedings." A.H. Manchester,
Modern Legal History of England and Wales, /750-/950
160 (1980).
supplementary proceeding. (l7c) 1. A proceeding held
in connection with the enforcement ofa judgment, for
the purpose of identifying and locating the debtor's
assets available to satisfy the judgment. 2. A proceed
ing that in some way supplements another. [Cases:
Execution (~=>358; Federal Civil Procedure
2707.]
proceedings below. See STATEMENT OF THE CASE (1).

1325 process
proceeds (proh-seedz), n. (13c) 1. The value ofland,
goods, or investments when converted into money; the
amount of money received from a sale <the proceeds
are subject to attachment>. 2. Something received upon
selling, exchanging, collecting, or otherwise dispos
ing ofcollateral. UCC  9-102(a)(67) . Proceeds differ
from other types of collateral because they constitute
any collateral that has changed in form. For example,
if a farmer borrows money and gives the creditor a
security interest in the harvest, the harvested wheat is
collateral. Ifthe farmer then exchanges the harvest for
a tractor, the tractor becomes the proceeds ofthe wheat.
[Cases: Secured Transactions (;:::J 164.]
net proceeds. (18c) The amount received in a trans
action minus the costs of the transaction (such as
expenses and commissions). -Also termed net
balance.
proceeds and avails. 'The cash-surrender value ofa life
insurance policy, together with values built up since the
policy's issue date and the benefits payable on maturity
and at the death ofthe insured. [Cases: Exemptions (;:::J
50(1); Insurance C-=>3487.J
proceres (pros-d-reez). [Latin] Nobles; lords. See DOMUS
PROCERUM.
process, n. (14c) 1. The proceedings in any action or
prosecution <due process of law>. 2. A summons or
writ, esp. to appear or respond in court <service of i
process>. Also termed judicial process; legal process.
[Cases: Federal Civil Procedure (;:::J401; Process
1,3.]
"Process is so denominated because it proceeds or issues
forth in orderto bring the defendant into court, to answer
the charge preferred against him, and signifies the writs
or judicial means by which he is brought to answer." 1
Joseph Chitty, A Practical Treatise on the Criminal Law 338
(2d ed. 1826).
"The term 'process' is not limited to 'summons.' In its
broadest sense it is equivalent to, or synonymous with,
'procedure: or 'proceeding.' Sometimes the term is also
broadly defined as the means whereby a court compels a
compliance with its demands.
"'Process' and 'writ' or 'writs' are synonymous, in the sense
that every writ is a process, and in a narrow sense of the
term 'process' is limited to judicial writs in an action, or
at least to writs or writings issued from or out of a court,
under the seal thereof and returnable thereto; but it is not
always necessary to construe the term so strictly as to limit
it to a writ issued by a court in the exercise of its ordinary
jurisdiction." 72 CJ5 Process  2, at 589 (l987).
alias process. A process issued after an earlier process
has failed for some reason . Among the types of
alias process are alias execution, alias subpoena, alias
summons, and alias writ. [Cases: Process (;:::J45.j
bailable process. A process instructing an officer to
take bail after arresting a defendant.  The defen
dant's discharge is required by law after the tender
of suitable security.
civil process. A process that issues in a civil lawsuit.
[Cases: Federal Civil Procedure ~'-;)401; Process <.r'-::>
1.] compulsory process. A process, with a warrant to arrest
or attach included, that compels a person to appear in
court as a witness. [Cases: Witnesses C=)2.j
criminal process. A process (such as an arrest warrant)
that issues to compel a person to answer for a crime.
[Cases: Criminal LawC=:0216.J
defective process. Void or voidable process. See void
process; voidable process.
final process. A process issued at the conclusion of a
judicial proceeding; esp., a writ ofexecution. [Cases:
Execution
irregular process. A process not issued in accordance
with prescribed practice . Whether the process is
void or merely voidable depends on the type ofirregu
larity. Cf. regular process.
legal process. Process validly issued. -Also termed
lawful process.
mesne process (meen). 1. A process issued between the
commencement ofa lawsuit and the final judgment or
determination. 2. The procedure by which a contuma
cious defendant is compelled to plead. Also termed
writ ofmesne process; writ ofmesne.


by which a contuma
cious defendant is compelled to plead. Also termed
writ ofmesne process; writ ofmesne.
original process. A process issued at the beginning ofa
judicial proceeding. [Cases: Process C=>1.]
"Original process is any writ or notice by which a defen
dant is called upon to appear and answer the plaintiff's
declaration. The commencement of the suit at common
law was formerly by original writ. Judicial process was by
summons, attachment, arrest and outlawry." Benjamin J.
Shipman, Handbook of CommonLaw Pleading  3, at 17
(Henry Winthrop Ballantine ed., 3d ed. 1923).
regular process. A process that issues lawfully accord
ing to prescribed practice. Cf. irregular process.
summary process. 1. An immediate process, issuing
and taking effect without intermediate applications or
delays. 2. A legal procedure used to resolve a contro
versy more efficiently and expeditiously than ordinary
methods. 3. The legal documents achieving such a
result. 4. A procedure for repossessing real property
from a tenant upon default. See summary eviction
under EVICTION. [Cases: Landlord and Tenant (;:::J
293.J 5. SHOW-CAUSE PROCEEDING.
trust process. In some states (particularly in New
England), garnishment or foreign attachment. [Cases:
Garnishment (;:::J 1.]
voidable process. A defective process with a curable
defect. [Cases: Process (~151-167.]
void process. Legal process that, in some material way,
does not comply with the required form.
3. Patents. A method, operation, or series of actions
intended to achieve some new and useful end or result
by changing a material's chemical or physical charac
teristics. Process is a statutory category of patent
able invention. Cf. MACHINE; MANUFACTURE. [Cases:
Patents C=';:)7.j
"A process is a way of doing something. If it is a patentable
process, it must be a new, useful, and nonobvious way of
doing something. If the process is patentable, the result

1326 process, abuse of
of that process -the something getting done -need not
of itself be new, useful, or nonobvious. In other words,
the result of an inventive process need not be an inven
tion itself." Arthur R. Miller & Michael H. Davis, Intellectual
Property in a Nutshell 24 (2d ed. 1990).
process, abuse of. See ABUSE OF PROCESS.
process agent. See AGENT (2).
process by foreign attachment. See FACTORIZING
PROCESS.
process claim. See PATENT CLAIM.
processioning. The survey and inspection ofland bound
aries, performed esp. in the former English colonies
along the southeastern seaboard, and analogous to the
English perambulation.
process patent. See PATENT (3).
process server. (I7c) A person authorized by law or by
a court to formally deliver process to a defendant or
respondent. See SERVICE (1). [Cases: Federal Civil Pro
cedure ~418; Process ~50.]
processum continuando (pp-ses-;lm k;ln-tin-yoo-an
doh). [Latin "for continuing process"] Hist. A writ for
the continuation of process after the death ofa justice
authorized to review cases by a commission of oyer
and terminer.
proces-verbal (proh-say-vair-bahl). [French "official
record of oral proceedings"] Civil & int'l law. A
detailed, authenticated written report ofa proceeding,
esp. ofan international conference; PROTOCOL (3). A
prods-verbal may be cast in various forms, according
to the style a country prefers.
prochein ami (proh-shen ;l-mee). [Law French] See NEXT
FRIEND.
proclaim, vb. To declare formally or officially.
proclamation. A formal public announcement made by
the government.
proclamation by lord of manor. Hist. A proclamation
(repeated three times) made by the lord of a manor
requiring an heir or devisee of a deceased copyholder
to pay a fine and be admitted to the estate, failing which
the lord could seize the lands provisionally.
proclamation of exigents (eks-;l-j;lnts). Hist. Repeated
proclamations by the sheriff of an imminent outlaw
ing of a person in the county where the person lived.
See EXIGENT.
proclamation of rebellion. Hist. A proclamation made
by the sheriff, warning a person who failed to obey
a Chancery subpoena or attachment that a commis
sion of rebellion would issue if the person continued
to resist the Chancery process. See COMMISSION OF
REBELLION.
proclamation ofrecusants (rek-p-z;lnts). Hist. A proc
lamation by which persons who willfully absented
themselves from church could be convicted on non
appearance at the assizes. proclamator (prok-l;l-may-t;lr). Hist. An official at
the English Court of Common Pleas responsible for
making proclamations.
procompetitive, adj. Increasing, encouraging, or pre
serving competition. Cf. ANTICOMPETITIVE.
pro-con debate. See DEBATE.
pro-con divorce. See DIVORCE.
pro confesso (proh k;ln-fes-oh). [Latin] Roman law. As
having confessed or admitted liability, as by failing to
appear when required. A defendant who failed to
answer a bill in equity was often treated pro confesso.
pro consilio impendendo (proh k;ln-sil-ee-oh im-pen
den-doh). [Law Latin] For counsel to be given . The
phrase describes consideration in the form ofa commit
ment to give legal advice in exchange for an annuity.
pro consilio impenso (proh bn-sil-ee-oh im-pen-soh).
For counsel given.
proconsul (proh-kon-s;ll), n. [Latin] Roman law. 1. An
ex-consul whose consular powers were extended by the
Senate or emperor after leaving office. 2. The governor
ofcertain senatorial provinces.
pro convicto. As convicted.
pro corpore regni (proh kor-p;l-ree reg-llI). [Latin] In
behalf of the body of the realm.
proctor. 1. One appointed to manage the affairs of
another. 2. An advocate who represents clients in eccle
siastical courts; PROCURATOR (4). 3. DIVORCE PROCTOR.
4. An advocate who represents a party in the admi
ralty side of a district court. -Also termed (in sense
4) proctor in admiralty.
proctorship. See PROCURATORIUM.
procuracy (prok-y;l-r;l-see). The document that grants
power to an attorney-in-fact; a letter of agency.
procurare (prok-y;l-rair-ee), vb. [Latin] To take care of
another's affairs.
procuratio (prok-y;l-ray-shee-oh). [Latin] Management
of another's affairs; agency.
procuration (prok-y;l-ray-sh;ln). 1. The act of appoint
ing someone as an agent or attorney-in-fact. [Cases:
Principal and Agent ~10(1).] 2. The authority vested
in a person so appointed; the function of an attorney.
3. PROCUREMENT.
procurationes ad resignandum in favorem (prok-y;l-ray
shee-oh-neez ad rez-ig-nan-d;lm in f;l-vor-;lm). [Law
Latin] Hist. Procuratories ofresignation in favor ofthe
disponee of a vassal.  The phrase referred to the rule
requiring a vassal's resignation before a superior had
to receive the disponee of a vassal to the property. See
RESIGNATION (3).
procuration fee. English law. A commission or broker
age allowed to a solicitor for obtaining a loan. -Also
termed procuration money.
procurator (prok-y;l-ray-t;lr), n. 1. Roman law. A
person informally appointed to represent another in
a judicial proceeding. Cf. COGNITOR. 2. Roman law. A

1327 produce
government official, usu. subordinate in authority to a
provincial governor; one of several imperial officers of
the Roman Empire entrusted with the management of
the financial affairs of the province and often having
administrative powers in a province as agents of the
emperor. 3. Hist. English law. An agent, attorney, or
servant. 4. Eccles. law. An advocate of a religious house;
a lawyer who represents a cleric or religious society in
legal matters. -Also termed proctor. 5. An agent or
attorney-in-fact. 6. Scots law. A solicitor who represents
clients in the lower courts; formerly, any law agent.
procuratores ecclesiae parochialis (prok-ya-ra-tor-eez
e-klee-z[h]ee-ee pa-roh-kee-ay-lis). [Latin] Hist. A
churchwarden; a representative of a parish church.
procurator fiscal. Scots law. The representative of the
Lord Advocate in inferior courts, responsible for inves
tigating sudden deaths and crimes and for prosecuting
in the sheriff or district court.
procurator in rem suam (prok-p-ray-tar in rem sly]
oo-am). [Latin] 1. Roman law. An assignee of a right of
action. _ True agency did not exist in Roman law, so a
principal whose agent had, for example, bought some
thing on the principal's behalf would have to be made
the agent's procurator to claim under that sale. 2. Scots
law. Procurator in his own affair. _ This phrase refers
to a situation in which a person acts under a power
of attorney with reference to property that the person
has acquired.
procuratorio nomine (prok-ya-ra-tor-ee-oh nahm-a
nee). [Latin] Hist. In the name and character of a procu
rator. See PROCURATOR.
procuratorium (prok-ya-ra-tor-ee-am), n. [Law Latin]
Hist. The instrument by which a person appointed a
procurator as the person's representative in litiga"
tion. Also termed proctorship; proxy.
procurator litis (prok-ya-ray-tar II-tis). [Latin] Roman
law. A person who represents another in a lawsuit.
Often shortened to procurator. Cf. DEFENSOR (1).
procurator negotiorum (prok-y~-ray-tar ni-goh-shee
or-am). [Latin] Civil law. An attorney-in-fact; a manager
of business affairs for another.
procurator provindae (prok-ya-ray- tar pra-vin-shee-ee).
[Latin] Roman law. See PROCURATOR (2).
procuratory (prok-ya-ra-tor-ee), adj. Of, relating to, or
authorizing a procuration. See PROCURATION.
procuratory, n. 1. Civil law. Authorization of one person
to act for another. 2. Scots law. A mandate or com
mission for one person to act for another; POWER OF
ATTORNEY. See PROCURATOR.
procuratrix (prok-ya-ray-triks). [Latin] Hist. A female
agent or attorney-in-fact.
procurement (proh-kyoor-mant), n. (14c) 1. The act of
getting or obtaining something or of bringing some
thing about. Also termed procuration. 2. The act of
persuading or inviting another, esp. a woman or child,
to have illicit sexual intercourse. -procure, vb.
procurement contract. See CONTRACT. procurement of breach of contract. See TORTIOUS
INTERFERENCE WITH CONTRACTUAL RELATIONS.
procurer. (15c) One who induces or prevails upon
another to do something, esp. to engage in an illicit
sexual act. See PIMP.
procuring agent. See AGENT (2).
procuring an abortion. See ABORTION.
procuring cause. See CAUSE (1).
procuring miscarriage. Hist. See ABORTION (I).
pro. def. abbr. PRO DEFENDENTE.
pro defectu emptorum (proh di-fek-t[y]oo emp-tor-am).
[Latin] For want ofpurchasers.
pro defectu exitus (proh di-fek-t[yJoo eks-a-tas). [Latin]
For, or in case of, default of issue.
pro defectu haeredis (proh di-fek-t[yJoo h<l-ree-dis).
[Latin] For want ofan heir.
pro defectu justitiae (proh di-fek-t[y]oo jas-tish-ee-ee).
[Latin] For defect or want of justice.
pro defendente (proh def-an-den-tee). [Latin] For the
defendant. Abbr. pro. def. Cf. PRO QUERENTE.
pro derelicto (proh der-a-lik-toh). [Latin] As derelict
or abandoned. This refers to property subject to
usucapio. See USUCAPIO.
prodigal (prod-a-gal), n. Civil law. A person whose
affairs are managed by a curator because ofthe person's
wasteful spending or other bad conduct. -In Roman
law, the agnatic family of a prodigal (prodigus) or
spendthrift could result in that person's being prohib
ited from engaging in certain legal transactions, and
the person's estate being put in the charge ofa curator.
See cura prodigi under CURA.
pro dignitate regali (proh dig-na-tay-tee ri-gay-h).
[Latin] In consideration of the royal dignity.
prodigus (prod-a-gas), n. & adj. [Latin "a spendthrift"]
Roman law. See PRODIGAL.
prodition (pra-dish-;m). Archaic. Treason; treachery.
proditor (prod-i-tar), n. Roman law. 1. A traitor. 2. An
informer.
proditorie (proh-di


), n. Roman law. 1. A traitor. 2. An
informer.
proditorie (proh-di-tor-ee-ee), adv. [Latin] Treasonably.
 This word formerly appeared in a treason indict
ment.
pro diviso (proh di-VI-zoh). [Latin] As divided; i.e., in
severalty.
pro domino (proh dom-a-noh). [Latin] As master or
owner; in the character ofa master.
pro donatione (proh da-nay-shee-oh-nee). [Latin]
Roman & civil law. As a gift; as in case ofgift. This is
a ground of usucapio. Also written pro donato. See
L'SUCAPIO.
pro dote (proh doh-tee). [Latin] Civil law. As a dowry;
by title of dowry. _ 1his is a ground of usucapio. See
USUCAPIO.
produce (proh-doos), n. The product of natural growth,
labor, or capital; esp., agricultural products.

1328 produce
produce (pra-doos), vb. (15c) 1. To bring into existence;
to create. 2. To provide (a document, witness, etc.) in
response to subpoena or discovery request. 3. To yield
(as revenue). 4. To bring (oil, etc.) to the surface of the
earth.
producent (pra-d[y]oo-s<Jnt), n. Hist. Eccles. law. The
party calling a witness.
producer. See INSURANCE AGENT.
producer price index. An index of wholesale price
changes, issued monthly by the U.S. Bureau of Labor
Statistics. -Formerly also termed wholesale price
index. Cf. CONSUMER PRICE INDEX.
producing cause. See proximate cause under CAUSE (1).
product. (1825) Something that is distributed com
mercially for use or consumption and that is usu. (1)
tangible personal property, (2) the result of fabrication
or processing, and (3) an item that has passed through
a chain of commercial distribution before ultimate
use or consumption. See ARTICLE OF MANUFACTGRE;
PRODUCTS LIABILITY. [Cases: Products Liability
120.)
defective product. (1903) A product that is unreason
ably dangerous for normal use, as when it is not fit
for its intended purpose, inadequate instructions are
provided for its use, or it is inherently dangerous in
its design or manufacture. lCases: Products Liability
C=>122.)
product-by-process claim. See PATENT CLAIM.
product claim. See PATENT CLAIM.
product defect. See DEFECT.
product disparagement. See TRADE DISPARAGEMENT.
product-extension merger. See MERGER.
production burden. See BURDEN OF PRODUCTION.
production casing. See CASING.
production for commerce. The production of goods that
an employer intends for interstate commerce. _This is
one criterion by which an employer may be subject to
the Fair Labor Standards Act. [Cases: Commerce
62.44-62.67; Labor and Employment
production of suit. (1830) Common-law pleading. The
plaintiff's burden to produce evidence to confirm the
allegations made in the declaration.
production payment. Oil & gas. A share ofoil-and-gas
production from property, free of the costs of produc
tion, ending when an agreed sum has been paid. [Cases:
Mines and Minerals (;:;)79.1(2).]
productio sectae (pra-di'lk-shee-oh sek-tee). [Latin] See
PRODUCTION OF SUIT.
product liability. See PRODUCTS LIABILITY.
product-liability loss. See LOSS.
product-line exception. An exception from the usual
rule that a successor corporation is not liable for the
acts of its predecessor, arising when the successor
acquired all the predecessor's assets, held itself out as a continuation of the predecessor by producing the same
product line under the same or a similar name, and
benefited from the predecessor's goodwill.
product mark. See product trademark under TRADE
MARK.
product market. See MARKET.
product rule. A means ofcalculating the likelihood that
a series ofindependent events will occur jointly, done
by multiplying together the probability of each event.
[Cases: Criminal LawC=>388.2.]
products liability, n. (1925) 1. A manufacturer's or
seller's tort liability for any damages or injuries suffered
by a buyer, user, or bystander as a result of a defective
product. -Products liability can be based on a theory of
negligence, strict liability, or breach of warranty. [Cases:
Products Liability C=>111.]2. The legal theory by which
liability is imposed on the manufacturer or seller of
a defective product. 3. The field of law dealing with
this theory. -Also termed product liability; (spedf.)
manufacturer's liability. See LIABILITY. -products
liability, adj.
"The law of products liability is that body of common and
statutory law permitting money reparation for substan
dard conduct of others resulting in productrelated injury
to the injured party's person or property. Resistance to
the description of products liability as a doctrine having
receded, there is today a guiding tenet in the law of prod
uctrelated injury that is the distillate of seventy years of
decisional law. The birth of the doctrine can be dated at
1916, the publication of the immensely influential decision
in MacPherson v. Buick Motor Co. [217 N.Y. 382, 111 N.E.
1050 (1916)]. in which the New York Court of Appeals held
that the manufacturer of any product capable of serious
harm if incautiously made owed a duty of care in the deSign,
inspection, and fabrication of the product, a duty owed not
only to the immediate purchaser but to all persons who
might foreseeably come into contact with the product. Fol
lowing MacPherson, the doctrine as formed by decisions
of the ensuing decades is that a buyer, user, consumer
or bystander in proximity to an unreasonably dangerous
product, and who is injured in person or in property by its
dangerous propensities, may recover in damages from the
manufacturer or intermediate seller." 1 M. Stuart Madden,
Products Liability  1.1, at 1-2 (2d ed. 1988).
strict products liability. (1964) Products liability
arising when the buyer proves that the goods were
unreasonably dangerous and that (1) the seller was
in the business ofselling goods, (2) the goods were
defective when they were in the seller's hands, (3) the
defect caused the plaintiff's injury, and (4) the product
was expected to and did reach the consumer without
substantial change in condition. [Cases: Products
Liability C=> 113.)
products-liability action. A lawsuit brought against a
manufacturer, seller, or lessor of a product regard
less of the substantive legal theory or theories upon
which the lawsuit is brought -for personal injury,
death, or property damage caused by the manufac
ture, construction, design, formulation, installation,
preparation, or assembly ofa product. -Also termed
product-liability action. [Cases: Products Liability C=>
110; Sales C=>425.)
products-liability insurance. See INSURANCE.

1329
product test. See DURHAM RULE.
product trademark. See TRADEMARK.
pro emptore (proh emp-tor-ee). [Latin] Civil law. As a
purchaser; by the title ofa purchaser. See USUCAPIO.
pro et durante. For and during.
pro facto (proh fak-toh). [Latin] For the fact; considered
or held as fact.
pro falso clamore suo (proh fal-soh [or fawl-soh) kl<l
mor-ee s[y)oo-oh). [Latin "for his false claim") A
nominal amercement of a plaintiff for a false allega
tion, inserted in a judgment for the defendant.
profane, adj. (Of speech or conduct) irreverent to some
thing held sacred.
profanity. Obscene, vulgar, or insulting language;
BLASPHEMY  Profanity is distinguished from mere
vulgarity and obscenity by the additional element
of irreverence toward or mistreatment ofsomething
sacred. [Cases: Criminal Law (;=:>45.20.)
profectitium peculium (pro-fek-tish-ee-<lm p<l-kyoo
lee-<lm). Hist. Roman law. Property that a father allowed
a son in patria potestas to manage and use while the
father retained ownership. -Also written peculium
profectitium.
profectitius (proh-fek-tish-ee-<ls). [Latin) That which
descends from an ancestor.
profer (proh-br). Hist. 1. An offer or proffer. 2. A return
made by a sheriff of an account into the Exchequer.
proferens (proh-fer-enz). [Latin] The party that proposes
a contract or a condition in a contract. PI. proferentes
(proh-f<l-ren-teez).
profert (proh-f<lrt). (I8c) Common-law pleading. A dec
laration on the record stating that a party produces in
court the deed or other instrument relied on in the
pleading. [Cases: Bills and Notes (;=:>488; Pleading Q
305.]
profert in curia (proh-fdrt in kyoor-ee-d). [Law Latin]
He produces in court.  In common-law pleading,
this phrase was used in a declaration asserting that
the plaintiff was ready to produce, or had produced,
the deed or other instrument on which the action was
founded.
profess, vb. (16c) To declare openly and freely; to
confess.
professio juris (pr<l-fes[h)-ee-oh joor-is). [Latin] A rec
ognition ofthe right ofa contracting party to stipulate
the law that will govern the contract.
profession. (15c) 1. A vocation requiring advanced
education and training; esp., one of the three tradi
tionallearned professions -law, medicine, and the
ministry.
"Learned professions are characterized by the need of
unusual learning, the existence of confidential relations, profit
may climb, to the professional plane:' Commonwealth v.
Brown, 20 N.E.2d 478, 481 (Mass. 1939).
2. Collectively, the members ofsuch a vocation.
professional, n. (1846) A person who belongs to a learned
profession or whose occupation requires a high level of
training and proficiency.
professional association. See ASSOCIATION.
professional corporation. See CORPORATION.
professional goodwill. See personal goodwill under
GOODWILL.
professionalism. The practice of a learned art in a
characteristically methodical, courteous, and ethical
manner.
professional negligence. See MALPRACTICE.
professional relationship. See RELATIONSHIP.
proffer (prof-dr), vb. (l4c) To offer or tender (some
thing, esp. evidence) for immediate acceptance. [Cases:
Criminal Law C':.:o670; Federal Civil Procedure
2013; Trial (7.::>44.]- proffer, n.
proffered evidence. See EVIDE:NCE.
proficua (prd-fik-yoo-<l). [Law Latin] Hist. Profits; esp.,
the profits of an estate in land.
profiling. 1. See RACIAL PROFILING. 2. See LINGUISTIC
PROFILING.
profit, n. (13c) 1. The excess of revenues over expendi
tures in a business transaction; GAIN (2). Cf. EARNINGS;
INCOME. [Cases: Internal Revenue {>3178; Taxation
(;=:>3466.]
accumulated profit. Profit that has accrued but not yet
been distributed; earned surplus. -Also termed undi
vided profit. See retained earnings under EARNINGS.
[Cases: Internal Revenue <:;=-.)3833.]
gross profit. Total sales revenue less the cost of the
goods sold, no adjustment being made for additional
expenses and taxes. Cf. net profit. [Cases: Internal
Revenue Cc:::>3175; Taxation (;=:>3447,3466.]
lost profits. See LOST PROFITS.
mesne profits. The profits of an estate received by a
tenant in wrongful possession between two dates.
Also termed (archaically) medium tempus. [Cases:
Ejectment Q 124.]
netprofit. Total sales revenue less the cost of the goods
sold and all additional expenses. Also termed net
revenue. Cf. gross profit. [Cases: Internal Revenue
3175; Taxation (;=:>3448,3466.]
operating profit. Total sales revenue less all operating
expenses, no adjustment being made for any nonoper
ating income and expenses, such as interest payments.
[Cases: Internal Revenue (;=:>3175; Taxation Q 3448,
3466.]
the adherence to a standard of ethics higher than that ofthe paper profit. A profit that is anticipated but not yet
market place, and in a profession like that of medicine by realized. Gains from stock holdings, for example, intimate and delicate personal ministration. Traditionally,
the learned professions were theology. law and medicine; are paper profits until the stock is actually sold at a
but some other occupations have climbed, and still others price higher than its original purchase price. -Also

1330 profit-and-Ioss account
termed unrealized profit. [Cases: Internal Revenue
(;::::;3178; Taxation (;:::;)3449.J
short-swingproJits. See SHORT-SWING PROFITS.
surplus profit. Corporations. The excess ofrevenue over
exp


Jits. See SHORT-SWING PROFITS.
surplus profit. Corporations. The excess ofrevenue over
expenditures . Some jurisdictions prohibit the decla
ration ofa dividend from sources other than surplus
profit. [Cases: Corporations 151.]
undistributed profit. See retained earnings under
EARNINGS.
undivided profit. See accumulated profit.
unrealized profit. See paper profit.
2. A servitude that gives the right to pasture cattle, dig
for minerals, or otherwise take away some part of the
soil; PROFIT APRENDRE  A profit may be either appur
tenant or in gross. See SERVITUDE (1). [Cases: Licenses
profit appendant (a-pen-d;mt). A profit annexed to
land by operation of law; esp., a common ofpasture.
See common appendant under COMMON.
profit appurtenant (a-p<Jrhm-ant). A profit, whether
several or in common, attached to land, for the benefit
of certain other identified land, by the act of the
parties (as by grant or by prescription). See common
appurtenant under COMMON.
profit in gross (in grohs). A profit exercisable by the
owner independently ofhis or her ownership ofland.
See common in gross under COMMON.
"[AJ right to take fish from a canal without stint (Le., without
limit) can exist as a profit in gross, but not, as already seen,
as a profit appurtenant. A profit in gross is an interest in
land which will pass under the owner's will or intestacy or
can be sold or dealt with in any of the usual ways." Robert
E. Megarry & M.P. Thompson, A Manual of the Law ofReal
Property 377 (6th ed. 1993).
profitpur cause de vicinage (par kawz da vis-a-nij). A
profit arising when the holders ofadjoining commons
have allowed their cattle to stray on each other's lands.
 A claim for this profit fails ifone ofthe commoners
fences off the common or has in the past driven off
the other commoner's cattle.
profit-and-Ioss account. See ACCOUNT.
profit-and-Ioss statement. See INCOME STATEMENT.
profit it prendre (a prawn-dra or ah prahn-dar). [Law
French "profit to take"] (usu. pI.) (l7c) A right or privi
lege to go on another's land and take away something
ofvalue from its soil or from the products ofits soil (as
by mining, logging, or hunting). Also termed right of
common. PI. profits it prendre. Cf. EASEMENT. [Cases:
Licenses <'>;)43,]
"A profit aprendre has been described as 'a right to take
something off another person's land: This is too wide; the
thing taken must be something taken out of the soil, Le.,
it must be either the soil, the natural produce thereof, or
the wild animals existing on it; and the thing taken must
at the time of taking be susceptible of ownership, A right
to 'hawk, hunt, fish, and fowl' may thus exist as a profit,
for this gives the right to take creatures living on the soil
which, when killed, are capable of being owned. But a right
to take water from a spring or a pump, or the right to water cattle at a pond. may be an easement but cannot
be a profit; for the water, when taken, was not owned by
anyone nor was it part of the soil." Robert E. Megarry & M.P.
Thompson, A Manual of the Law of Real Property 375-76
(6th ed. 1993).
profiteering, n, (1814) The taking advantage ofunusual
or exceptional circumstances to make excessive profits,
as in the selling ofscarce goods at inflated prices during
war. [Cases: War and National Emergency <8='59.]
profiteer, vb.
profit insurance. See INSURANCE.
profit margin. L The difference between the cost of
something and the price for which it is sold. 2. The
ratio, expressed as a percentage, between this difference
and the selling price . For example, a widget costing
a retailer $10 and selling for $15 has a profit margin
of 33% ($5 difference divided by $15 selling price).
Often shortened to margin.
profit-sharing plan. An employee benefit plan that
allows an employee to share in the company's profits .
ERISA governs the administration ofmany profit -shar
ing plans, which provide for discretionary employer
contributions and provide a definite predetermination
formula for allocating the contributions to the plan
among the participants. Contributions are frequently
allocated in proportion to each participant's com
pensation. See EMPLOYEE BENEFIT PLAN; EMPLOYEE
RETIREMENT INCOME SECURITY ACT. [Cases: Labor and
Employment
qualified profit-sharing plan. A plan in which an
employer's contributions are not taxed to the employee
until distribution . The employer is allowed to deduct
the contributions. IRC (26 USCA)  401(a). -Often
shortened to qualified plan. [Cases: Internal Revenue
(;::::;3578.]
pro forma (proh for-rna), adj. [Latin "for form"] (16c)
1. Made or done as a formality. 2. (Of an invoice or
financial statement) provided in advance to describe
items, predict results, or secure approval.
pro forma amendment. See AMENDMENT (3).
pro forma earnings. See operating earnings under
EARNINGS.
pro forma session. See SESSION (1).
progener (proh-jee-nar). [Latin] A grandson-in-law.
progeny (proj-<'l-nee), n. pl. (14c) 1. Children or descen
dants; offspring <only one of their progeny attended
law school>. 2. In a figurative sense, a line ofprecedents
that follow a leading case <Erie and its progeny>.
prognosis (prog-noh-sis). (l7c) 1. The process of fore
casting the probable outcome ofa present medical con
dition (such as a disease). 2. The forecast of such an
outcome. Cf, DIAGNOSIS. [Cases: Health (;:::-637-640,
906.]
program. Parliamentary law. 1. An agenda for a meeting
or a convention, listing the order of business and
possibly including educational or social events. See
AGENDA; business meeting under MEETING. 2. A speech

1331
or other presentation within a meeting offered for the
assembly's information or for the members' education
or entertainment, but not for their formal consideration
or action as a deliberative assembly.
program committee. See COMMITTEE.
program trading. A form of computerized securi
ties trading that usu. involves buying or selling large
amounts of stocks while simultaneously selling or
buying index futures in offsetting amounts.
pro gravitate admissi (proh grav-J-tay-tee ad-mis-I).
[Latin) Hist. According to the gravity of the offense.
progressive lawyering. See CAUSE LAWYERING.
progressive loss. See LOSS.
progressive tax. See TAX.
pro hac vice (proh hahk vee-chay or hak VI-see also
hahk vees). [Latin] (17c) For this occasion or particu
lar purpose. -The phrase usu. refers to a lawyer who
has not been admitted to practice in a particular juris
diction but who is admitted there temporarily for the
purpose ofconducting a particular case. -Abbr. p.h.v.
See admission pro hac vice under ADMISSION (2). For
owner pro hac vice, see demise charter under CHARTER
(8). [Cases: Attorney and Client C=:1O.]
prohibit, vb. 1. To forbid by law. 2. To prevent or
hinder.
prohibited and reserved trademarks. See TRADE
MARK.
prohibited degree. See DEGREE.
prohibited substitution. See SUBSTITUTION.
prohibitio de vasto, directa parti (proh-hJ-bish-ee-oh
dee vas-toh, di-rek-td pahr-tr). [Latin "prohibition
of waste, directed to the party"] Hist. A writ issued
during litigation prohibiting a tenant from commit
ting waste.
prohibition. (lSc) 1. A law or order that forbids a certain
action. 2. An extraordinary writ issued by an appellate
court to prevent a lower court from exceeding its juris
diction or to prevent a nonjudicial officer or entity from
exercising a power. -Also termed (in sense 2) writ
ofprohibition; inhibition; (in Scots law) inhibition. Cf.
WRIT OF CONSULTATION. [Cases: Prohibition C:=> 1.)
"Prohibition is a kind of common-law injunction to prevent
an unlawful assumption of jurisdiction .... It is a com
monlaw injunction against governmental usurpation,
as where one is called coram non judice (before a judge
unauthorized to take cognizance of the affair), to answer
in a tribunal that has no legal cognizance of the cause. It
arrests the proceedings of any tribunal, board, or person
exercising judicial functions in a manner or by means not
within its jurisdiction or discretion." Benjamin J. Shipman,
Handbook of Common-Law Pleading  341, at 542 (Henry
Winthrop Ballantine ed., 3d ed. 1923).
3. (cap.) The period from 1920 to 1933, when the manu
facture, transport, and sale of alcoholic beverages in
the United States was forbidden by the 18th Amend
ment to the Constitution. -The 18th Amendment was
repealed by the 21st Amendment. [Cases: Intoxicating
Liquors C=: 17.) promatertera magna
prohibitive statute. See STATUTE.
prohibitory injunction. See INJUNCTION.
prohibitory interdict. See INTERDICT (1).
pro ilia vice (proh iI-d VI-see). [Latin] For that turn.
pro indefenso (proh in-da-fen-soh). [Latin] As unde
fended; as making no defense.
pro indiviso (proh in-dd-vI-Zoh), adj. [Latin "as undi
vided"] (Of property) owned or possessed by several
persons at the same time, without partition.
pro interesse suo (proh in-t;Jr-es-ee s[yJoo-oh). [Latin]
According to his interest; to the extent ofhis interest.
A third party. for example, may be allowed to intervene
pro interesse suo.
project financing. See FINANCING.
projectio (prJ-jek-shee-oh). [Latin] Alluvion created by
the sea. See ALLUVION.
projector. See PROMOTER.
projet (proh-zhay). [French] Int'l law. A draft of a
proposed measure, treaty, or convention.
pro laesione fidei (proh lee-zhee-oh-nee fI-dee-I). [Latin]
For breach of faith.
pro legato (proh Id-gay-toh). [Latin] As a legacy; by the
title of a legacy . This is a ground of usucapio. See
USUCAPIO.
proles (proh-Ieez). [Latin] Offspring; esp., the issue ofa
lawful marriage.
proletariat (proh-Id-tair-ee-dt). The working class; those
without capital who sell their labor to survive.
proletarius (proh-ld-tair-ee-as), n. [Latin] Roman law.
One of the common people; a member of a lower class
who owned little or no property.
prolicide (proh-IJ-sId). (1826) 1. The killing ofoffspring;
esp., the crime ofkilling a child shortly before or after
birth. 2. One who kills a child shortly before or after
birth. Cf. INFANTICIDE. -prolicidal, adj.
prolixity (proh-lik-sa-tee). (14c) The unnecessary and
superfluous stating of facts and legal arguments in
pleading or evidence.
prolixity rejection. See REJECTION.
pro loco et tempore (proh loh-koh et tern-pd-ree). [Latin]
Hist. For the place and time.
prolocutor (proh-lok-Yd-tdr). 1. Eccles. law. The president
or chair of a convocation. 2. Hist. The speaker of the
British House ofLords. -This office now belongs to the
Lord Chancellor. -Also termed (in sense 2) forspeca.
pro majori cautela (proh md-jor-I kaw-tee-l<3). [Latin]
For greater caution; by way of additional security. _
This phrase usu. applies to an act done or to a clause
put in an instrument as a precaution.
promatertera (proh-md-t;)r-tdr-d). [Latin] Roman &
civil law. A great-great-aunt; the sister of one's great
grandmother.
promatertera magna (proh-md-tar-tJr-<3 mag-nJ).
(Latin] Civil law. A great-great-great-aunt.

promise, n. (15c) 1. The manifestation of an intention
to act or refrain from acting in a specified manner,
conveyed in such a way that another is justified in
understanding that a commitment has been made; a
person's assurance that the person will or will not do
something. A binding promise one that the law
will enforce -is the essence of a contract. [Cases: Con
tracts
"By common usage, a promise is an expression leading
another person justifiably to expect certain conduct on
the part of the promisor. Such an expression is a promise,
whether enforceable at law or not. It is indeed an essen
tial element in every contract. Society does not guarantee
the fulfillment of all expectations so induced." William R.
Anson, Principles of the Law of Contract 6 n.3 (Arthur L.
Corbin ed .. 3d Am. ed. 1919).
"[Promise] means not only the physical manifestations of
assurance by words