PACTA SUNT SERVANDA latin phrase as saying (in old italian called “brocardo ” = essential ) indicating the seriousness of an agreement and the duty to fulfil the performances. From latin ” pacta ” = agreements / ” sunt ” = are / ” serviri ” = to conform ( therefore to conform oneself to the agreements).
PALIMONY ORDER order issued by lawcourt which is awarding thepayment of a sum of money to a person having a with the compelled party an intimate relationship, though not marital. From latin ” pater ” = father / ” alimentum ” = means of maintenance. Even now, usually is the father to givemonthly , a sum of money for the sustainance of his former wife and his children.
PANDECTS documents written in the old roman empire by law schoolsstudents. From old greek ” pan ” = all, entire / from latin ” dictum ” = told. In fact, this old documents were a summary of all the theory about law, told by the jurist at the epoch.
PANDERING CONDUCT outlaw conduct consisting to induce a person inprostitution. From latin ” pandere ” = to manifest, to show. In figurative sense, to show one’s body.
PARALEGAL WORKS set of activity made by assistants in a lawyer’schambers as for example answering to the calls, recording in computer or filing the legal papers. From old greek ” para ” = closely related to / ” legalis” = concerning the law.
PARAMOUNT TITLE in the real property law, is indicating a superiorrating of a title among other several title in the same parcel . From latin ” par” = equal / ” montis ” = of a mountain. In figurative sense ,means a title so higher than others that is so high as a mountain over the flats.
PARCEL OF LAND plot of land, subdivision of land or farm. From latin “ par ” = equal / “cella ” = little room. In fact , in the old roman empire, thehomee were divided into a lot of little room having the same wideness.
PARCENARY OWNERSHIP joint ownership of a land’s parcel by heirsbefore land division by shares. From latin ” par ” = equal / ” caenum ” = melt of mud. In figurative sense, the mud is made by a lot of sand’s piece joined each other, therefore is meaning that the property is one block, is not yet shared in parcels.
PARDON excuse a crime or offence by means of a sentence remittance. Fromlatin “per” = for, in quality of, as a / ” donatum ” = gift . In figurative sense, the remittance of sentence is intended as a gift made by the court, that ” forgives ” (for – gift ) the defendant.
PAROLE EVIDENCE RULE provisions excluding or limiting evidence ofmatter , as for examples documents concerning the record of preventive negotiations of an agreement. From latin ” parabilis ” = easily had , ready / ” ex ” = to / “ videre ” = to watch, to observe . In figurative sense, is a kind ofevidence easily to be examined, because not complicated.
PARTIAL LOSS in insurance law, is a loss of some share of property coveredby insurance. From latin ” partis ” = a part of something.
PARTICIPATION TO CRIME to be a party into a crime, to be joined in acommission of a crime, complicity in a crime. From latin ” partis ” = a part of something / ” captum ” = contained . In figurative sense , the criminal conduct perpetrated by a joiner is contained in the full criminal conduct making the crime, entirely.
PARTISAN IN A TRIAL person favoring one party in a litigation as opposed to another party. From latin ” partis ” = of one party.
PARTITION PETITION petition presented to the court by a part , two or allowners of a different parcels of real estate or land. From latin ” partis ” = of one party or parcel / ” petitum ” = asked.
PARTNER ( GENERAL P. ) person participating in the management ofpartnership in a company and having an unlimited liability for its debt. From latin ” partis ” = of a party (a party of the business ).
PARTY person on one side of agreement, contract , proceeding, transaction .Also person involved as a litigant in a judicial proceeding or law suit. From latin ” partis ” = of a party, at a side.
PASSION ( HEAT OF P. ) term used in criminal law , representing amitigating circumstance concerning a liability of a person that committed a crime in a mental status of anger or intense feeling of hate. From latin ” passus ” = suffered.
PASSIVE INVESTMENT rule provided by american internal revenue code,concerning an investment in an company in which the taxpayer does not actively participate , as in a limited partnership. From latin ” passus sum ” = allowed , let to do . In figurative sense, the partner in a company lets to manage the company by other partner ( active partners ).
PATENT legal instrument issued by the central government granting to ainventor the exclusive right to sell and take profit from his new product or invention. From latin ” patere ” = to render something allowed ( an invention allowed to be used by all the people ).
PATENT AMBIGUITY ambiguity which is apparent result of inspection ofdocument in which there are two of several meaning about the words used. From latin “patere” = to give an appearance of / ” ambiguitas ” = uncertainty.
PATERNITY SUIT legal action brought to the lawcourt, to determine if adesignated person is the father of a child born out of wedding lock, and in case of positive response, the person has a duty to support or maintenance. From latin ” pater ” = father / ” suitus ” = to be in habit to ( in figurative sense, a set of acts used and followed by a court to reach a decision regarding the parentalhood.
PATRIMONY the sum of money representing the worth of all rights ,privileges , assets and liabilities which , put together, is constituting the economic status of a physical or artificial person. From latin ” pater ” = father / ” monere ” = to be remembered ( in figurative sense , the patrimony remembers what were the real estate of the father ).
PAUPER LITIGANT person involved in a litigation , that has not thefinancial means to support the litigation costs, therefore is needing public aid for his legal assistance. From latin ” pauper ” = poor.
PECULATION theft or embezzelment of public fund by public officerappointed to manage their. From latin ” pecunia ” = money / ” latere ” = to hide a thing after a theft. Also from ” pecus ” = sheep . In old roman empire, the prevalent job activity was the breeding of sheeps ,of cattle , and there was not the money as coin, but only the barter and therefore the means to pay were usually the sheeps, the cattle. Therefore was usual the theft of sheeps.
PECUNIARY BEQUEST bequest of money . From latin “ pecunia ” =money . Also from latin ” pecus ” = sheep. In old roman empire , the prevalent job activity was the breeding of sheeps and there was not the money as coin, but the barter. Therefore the means to pay were usually the sheeps. Therefore was usual to consign a number of sheeps as consideration or performance of a contract.
PECUNIARY LOSS loss of money or loss of a thing that is easily andreasonably valued in money. From latin ” pecunia ” = money. Also from ” pecus ” = sheep. In old roman empire, the prevalent job activity was thebreeding of sheeps ,and there was not the money as coin, but the barter and the means to pay were usually the sheeps. Therefore to suffer the theft of a sheep was a pecuniary loss.
PENAL CODE law code relating the punishments due to violation of penal orcriminal law. The code contains the title of offence, the explanation of conduct occuring the offence and the consequential punishment. From latin ” poena ” = punishment.
PENALTY fine to pay imposed by the law , consequential a violation (criminal penalty ) or a non performance of a duty ( civil penalty ). From latin ” poena ” = punishment
PENDENTE LITE latin term indicating a suit that is yet lasting, as now isbeginning or yet under the court examination or is waiting the conclusion or the sentence. From latin ” pendere ” = to hang down. In figurative sense , the cause is pending when is not yet fallen down ,therefore ended or decided.
PENDENT JURISDICTION in case of uncertainty about the competence ofa first instance court to decide a case, the term is indicating the time period before the decision, taken by a federal court, to give to a lower court or another the authority to decide a case. From latin ” pendere ” = to hang down. In figurative sense, the decision is not yet issued by the federal court pending when is not yet fallendown , in the sense of ended, decided.
PENITENTIARY prison, house of correction. From latin “ poena ” =punishment / ” tenere ” = to keep / ” ars ” = thing able to. In figurative sense, a prison is a place able to keep the convicts ( under punishment ).
PENOLOGY term indicating a branch of criminology relating to thetreatment of prisoners and the administration of prisons. From latin ” poena” = punishment / from old greek ” logos ” = to speak about , speech about.
PENSION deferred money compensation for a long period performance ofwork or service . From latin ” pendere ” = to hang down. In figurative sense, the right to have a retirement wage, is pending because the work relationship is not yet ended.
PEREMPTORY INSTRUCTION order imposed by trialing judge withoutdispute or contradiction . From latin ” peremptor ” = killer. In figurative sense, a peremptory order is so heavy and strong as able to kill any dispute / ” structum ” = disposed.
PEREMPTORY CHALLENGE arbitrary elimination of a juror withoutexplanation or without cause . From latin ” peremptor ” = killer. In figurative sense, a peremptory order is so heavy and strong as able to kill any dispute.
PERIL in the insurance law, is the event or contingency which is insuredagainst by the police as for example a car insured against arson peril and theft. From latin “periculum” = danger
PERISHABLE GOOD good or item able to be spoiled . From latin “ perire” = to die, to be ruined.
PERJURY false swearing , false declaration made by witness after an oath.From latin “perverse ” = in false way / ” iurare ” = to make an oath . Or also from ” periurare ” = to tell an untrue thing.
PERMISSIVE JOINDER joinder in an action brought by a lot of partiessharing common facts or advocating common law issues. From latin ” permissus ” = allowed.
PERMIT DOCUMENT a document granting an authorization to exercise orconduct an activity (eg: trading permit is a document authorizating a shopkeeper to exercise a trade activity ) . From latin ” permissus ” = allowed.
PERPETRATION OF A CRIME commitment of a criminal conduct. Fromlatin “perpetrare” = to perform, to commit ( composed by ” perpetuum ” = without rest / “trahere” = to pull ) . In figurative sense, to pull restless the criminal conduct .
PERPETUAL INJUNCTION injunction having permanent validity. Fromlatin “perpetuum ” = for ever , continually / ” ingestum ” = imposed.
PERPETUAL SUCCESSION continuing and not interrupted management and administration of a company even after change of members of board of directors. From latin “perpetuum ” = for ever / ” successio ” = heirness.
PERPETUITY (RULES AGAINST P. ) provision imposed by lawconcerning the ban of having interest or estate in property that is absolute from any condition or last. From latin “perpetuum ” = for ever.
PERQUISITE RIGHTS privilege or benefits exceeding the ordinary wage asfor example travel allowance, company cars. From latin ” per ” = during / ” quesitus ” = asked. In figurative sense, the perquisite rights are privilegeclaimed by labourers during the work relationship.
PERSECUTORY CONDUCT conduct made by a person against anotherconsisting in a several and repeated behaviour against this person , as for example an harassment , nuisance or stalking. From latin ” per ” through , because / ” secutor ” = follower .
PERSONAL PROPERTY property pertaining to a person, therefore notincluding items attached to real estate or land. From latin ” persona ” = person .
PERSONAL JURISDICTION power of a court to issue an order affectyonly a party among others parties involved in a trial. From latin ” persona ” = person / ” juris ” = of the right / ” dicere ” = to say .
PERSUASION ( BURDEN OF P. ) onus required by law , consisting in aduty that have a party in trial to convince the jury that the facts or circumstances presents in alleged documents are true. From latin ” pro ” = aimed to / ” suadere ” = to recommend, to advice .
PETITION formal request contained in a formal document submitted to acourt or public administrative body, aimed to get a resolution of a problem or legal hindrance or also a complaint commencing a legal action. From latin ” petere ” = to ask, to request .
PETITORY ACTION term usually used in admiralty law to indicate a legaaction aimed to establish the ownership of title relating a ship or vessel . From latin ” petere ” = to ask, to request .
PILLAGE outlaw conduct consisting in the plundering, in the sacking ofproperty belonging to another person . From latin ” pillatum ” = loot / “agere” = to act . Therefore, in figurative sense, means to act with the aim to get a loot.
PLACITUM latin term indicating a judicial decision or sometime an opinionor maxim stated by a law court. From latin ” placitum ” = pleased, resolved
PLAGIARISM unlawful usurpation or taking the merit of a creative workmade by another , expecially concerning the works protected by copyright. From latin “plagiarius” = thief (in figurative sense, the thief of an idea or invention )
PLEA term indicating different situations. In civil case, is the first responsesubmitted by the defendant, stating the fact representing the ground of his defence against the plaintiff’s claims. In criminal law, is the immediate response of the accused against the charges against him as for example the plea of not guilty. From latin ” placere ” = to make a proposal.
PLEA IN BARGAINING agreement made between prosecutor anddefendant in advance of a plea, in which there is an admittance of guilt by the accused in exchange of a favour treatment about the punishment. In italian procedural criminal code is called “patteggiamento “, because indicating a ” pact ” between prosecutor and defendendant. From latin ” placere ” = to make a proposal .
PLEADING formal statement or declaration submitted by a party in alitigation containing his claims, allegation, defences and consequential denials of the facts alleged by opposite party. From latin ” placere ” = to make a proposal .
PLEBISCITE popular votation concerning fondamental issues as nationhoodor adoption of a constitution . From latin ” plebs ” = people / ” scitum ” = decree. Therefore a decree issued directly by the people. In the old roman empire, sometime , for important matters having a public interest, the people was meeting in a big square. Or also from ” plebs ” = people / ” scitatus sum” = asked. Therefore, a question asked to the people with the aim to know his will or opinion.
PLENARY PROCEEDING proceeding aimed to try and determine all theissues between the opposite parties. From latin ” plenus ” = full .
PLENARY POWERS power assigned to a person with the aim to carry out atask due concerning an assignment. From latin ” plenus ” = full .
PLURALITY OPINION opinion stated by the court and appellated becausereflecting the decision of a plurality of the judges but not of the majority. From latin ” plures ” = more, a lot of.
POLICY set of guidelines or principles directed to instruct how to take futuredecisions. From old greek ” polis ” = in ancient greek , was a city-state.
POLITY constitution of a set of rules or body of several law concerning theformation of State or government. From latin ” politicus ” = relating the government formation.
POSSESSION RIGHT right to exercise control or dominion over a propertyor item , involving the exclusion of all others to enjoy this right. From latin ” possidere ” = to have the control of , to take the possession of.
POSSESSORY ACTION legal action aimed to recover the possession ofproperty, as distinguished from a petitory action , aimed to confirm a title. From latin ” possidere” = to have the control of , to take the possession of / ” actio ” = action , take the initiative.
POWER ( COMMERCE RULING P. ) power of the Congress underconstitutional rule to regulate the commerce relationship between two or more States. From latin “potens ” = to be able to / ” vere ” = in proper way, justified / ” mercimonium ” = goods
PRAECIPE ORDER order issued by judge aimed to compel a person to do some activity or refrain to do an activit yet begun. From latin ” prae ” = in advance / ” accipere ” = to know. In figurative sense, the judge , knowing the existence of an illegal activity or behaviour, issues a preventive order to avoid further illegal consequences.
PRAYER FOR RELIEF portion of the complaint in any civil action in whichthere is the definition of the damages or relief claimed. From latin ” precari ” = to pray / ” relevare ” = to alleviate . In figurative sense, the complaint prays to be alleviated from the loss due to damage suffered.
PREAMBLE (STATEMENT OF P.) in a legal document, is an introductorystatement anticipating the matter of a followed rule or provision. From latin ” prae ” = before / “ambulare ” = to walk. In figurative sense is theanticipatory walk before to go inside the substance of document.
PRECATORY WORDS word usually present in a will or testamentarydisposition , aimed to exhort the reader to have an accompliance of that said by means of these word. Eg :i hope that the property of this farm will be granted to my son. From latin ” precari ” = to exhort, to pray.
PRECEDENT DECISION decision issued by a court having a function to bean example or a guidelines to follow by the other courts in cases having a same or similar facts , therefore required the application of the same principles of law. From latin ” prae ” = formerly / ” cadere ” = to happen .
PRECEPT court order direct to a subject, aimed to get a performance of thatestablished by the court. From latin ” praeceptum ” = order, commandment. Also from latin ” prae “= before , in sense of supremacy / ” captum ” = obtained . In figurative sense, by means of this kind of order, obtains a compelled performance. .
PRECLUSION ORDER order issued by a court and forbidding to a partythe move the commencement of a trial or the participation in a trial. Eg : a party suffering a preclusion to bring an action because the case has been already decided. From latin ” prae ” = before / ” clusum ” = finished. In figurative sense, the legal proceeding is finished before to be begun.
PREDATORY PRACTICE in a commercial law , unfair practice consistingto sell a good with a price inferior to its production cost, with the aim to eliminate the competition. From latin ” praeda ” = loot, prey, booty / ” oriri” = to have as source . In the figurative sense, the loot is the customers of other companies in competition.
PREEMPTION DOCTRINE doctrine advocating the supremacy ofconstitutional or federal law over the law of singular States. Therefore in some issues or matter, there is the exclusion of State competence. Eg : in case of emergency due to natural disaster, is enforced the federal emergency legislation, also if there is a contrast with municipal rule. From latin ” prae ” = before / ” emptus ” = purchased. In the figurative sense, in particular situations the state competence before to be used, has been purchased by the federal competence and absorbed inside it.
PREEMPTIVE RIGHT right of first refusal. Eg : in case of sell of a land, theowner of the neighbouring land has a right to be consulted before all the others owner or people. From latin ” prae ” = before / ” emptus ” purchased / ” iuvare ” = to like, to be useful to. Therefore in figurative sense , the right of the neighbouring owner to have to choose if purchase ( before the others ) something that would be useful to him. Or in other sense, the right to be informed, before others , if likes or doesn’t like to purchase the selling land or if this land would be useful to him.
PREFERENTIAL PAYMENT the right of a creditor to get the priorpayment of a debt , as for example in bankruptcy law where representing the payment made by the debtor to the creditor within 90 days before the filing of the bankruptcy petition. From latin ” prae ” = before / ” ferre ” = to bring. In figurative sense, the money for payment must be brought before to a creditor than anothers.
PREFERRED STOCK is a class of corporate stock which has priority overother classes in distribution of the corporate equity and dividends, usually over a common stock. From latin ” prae ” = before / ” ferre ” = to bring. In figurative sense , the money sourced by distribution of dividends , must be brought to a determinate owner before the others.
PREJUDICIAL ERROR heavy error made by lawcourt, in a pre-trial phase.Consequentially, this error will bring a reversal of the process and sometime also a new trial. From latin ” prae ” = before / ” iudicare ” = to judge / “error ” = mistake.
PRELIMINARY HEARING first hearing of a trial, deemed the realcommencement of process, in which there is the first appearance of the defendant , and the judge does a first examination of the case. From latin ” prae ” = before / “ limine ” = threshold .
PREMEDITATED MURDER murder planned and deliberated in advance.Is constituting an aggravating circumstance . From latin ” prae ” = before / ” meditatum ” = thought /
PREMISES OF A DEED introductory part of a deed concerning aconveyance . Usually it is placed before the habendum clause and containing a summary description of the real estate or land. From latin ” prae ” = before / ” missus ” = put ( contained in ).
PREMIUM in insurance law, it is a sum of money paid to an insurancecompany for its insurance coverage. From ” prae ” = before / ” emerere ” = to deserve, to get a favour made by. In figurative sense , is a payment made to the insurance company ( and deserved by it) before to get , in case of accident , the money amount ( as insurance coverage ).
PRENUPTIAL AGREEMENT settlement made between two persons inview of a future marriage and concerning dispositions about their respective properties. From latin ” prae ” = before / ” nuptialis ” = of marriage / ” aggregare ” = to join , to aggregate. In figurative sense, is the joining of willbetween a future married couple.
PREPONDERANCE OF AN EVIDENCE term indicating the major worth of an evidence than the other evidence, because its major reliability. From latin ” prae ” = first of all / ” ponderare ” = to consider.
PREROGATIVE RIGHT special right or privilege granted to a particularcategory of people, as for example the immunity from the arrest granted to the members of Congress. From latin ” prae ” = before / ” rogare ” = to require.Therefore , to enjoy this special right , is required to belong to a particular category.
PRESCRIPTION term having two different meanings. First , theestablishment of a rule or code of conduct; second , the bar to a further claim or action affecting the person entitled with the righ for the lackness of use. Eg : prescriptive easement . From latin ” prae ” = before / ” scriptus ” = written ( in fact a rule is something written before by competent authority )
PRESENTMENT OF ACCUSATION formal accusation issued by a granjury on own’s initiative (distinguished from the indictment that is issued by prosecutor ). From latin “prae” = before / ” sentire ” = to feel . Therefore , to feel in advance the certainty that the defendant is guilty.
PRESUMED INNOCENT term indicating the defendant that is presumedbeing not guilty until the issue of the sentence . From latin ” prae ” = before / ” sumere ” = to think as true / ” in “= not / ” nocere “ = to be dangerous .
PRETERMISSION term indicating the omission of a son , daughter of otherheir from a testator’s will . From ” praeter ” = beyond / ” missus ” = sent . In figurative sense, the task to manage the heirness has been sent beyond a son’s or daughter’s interest. Or also from ” praetermittere ” = to pass over , to neglect.
PRETEXTUAL ARREST arrest of a person based on superficial groundsbut having the real intent to investigate about more serious crime in which he is probably involved. From latin ” prae ” = before / ” textum ” = composed , prepared. In figurative sense , the arrest has been made for a light offence but before this, there is another more heavy or a more complicated crime.
PREVENTIVE DETENTION ORDER order issued by a court trialregarding a criminal offender , consisting in a restraint of his freedom before the trial commencement, or during the trial. This order is aimed to avoid possible lawful conduct by him against plaintiff , jurors or judges. From latin ” prae ” = before / ” venire ” = to come / ” de ” = by / ” tentum ” = caught. Therefore is an order issued by court to catch a criminal before the commencement of the trial.
PRIMARY BENEFICIARY in insurance law is indicating person that , inthe event of death of insured person , will be the first entitled to enjoy the proceeds. From latin ” primus ” = first of all / ” bene ” = in favour of / ” facere ” = to do.
PRIME MINISTER term indicating the head of government. From latin “ primus ” = first of all / “ ministrare ” = to serve. In figurative sense, is thefirst person having the duty to serve his country , managing the public power.
PRIMOGENITURE RIGHT exclusive right of inheritance belonging to thefirst born son or daughter. From latin ” primus ” = first of all / ” genitus ” = born .
PRINCIPAL OF THE OBLIGATION term used to distinguish theobligation from the interest on the obligation . From latin ” principalis ” = first in importance.
PRINCIPAL IN THE CRIME person having in the crime an important role,therefore distinguished from an ancillary or secondary role in the criminal conduct. From latin ” principalis ” = first in importance.
PRIOR ADJUDICATION previous litigation in which the matter in disputebetween the parties has been almost determined (eg : prior adjudication on the merit is precluding a further and subsequent action between the same parties on the same issues . From latin ” prior ” = first in time ).
PRIOR RESTRAINT government action aimed to forbid in advance aspeech before its expression or publication . From latin ” prior ” = first in time / “restrictum” = limited .
PRIOR STATEMENT statement made by a witness ( out of court ) beforehis giving of testimony in an trial. From latin ” prior ” = first in time .
PRIORITY RIGHT right allowing a person to enjoy of a legal positionsuperior to the others, as for example in bankruptcy code , the creditors enjoing of claims with priority have the right to be satisfied before other creditors. From latin ” prior ” = first in place, first in importance.
PRIVACY RIGHT the right to have a freedom from intrusion by other inone’s private life. From latin ” privatus ” = personal.
PRIVATE ( TO GO ) term indicating the process by which a corporationbuys back and retires its publicly held stocks .From latin ” privatus ” = personal. In figurative sense, the stock that formerly was publicly held, has been retired and gets again a company’s property.
PRIVATIZATION act of conversion issued by government, involving theconversion of an enterprise from a public ownership into a private ownership . From latin “privatus ” = personal / ” actionem ” = to be done . Therefore, a company that formerly was a State’s ownership, now is got property of a citizen or group of citizens.
PRIVILEGE lien involving a special condition , right or immunity reservedfor a particular category of people with consequential exclusion of the others. From latin ” privus ” = personal / ” legere ” = to choose ( in figurative sense , the owner of a privilege right is someone chosen by state among others ). Also from privus , “lex“= law ( ” legis ” = of the law ). In figurative sense , a privilege is alien valid only for a person or a restricted group of persons.
PRIVITY RELATIONSHIP relationship between the two original parties ina contract or agreement, as for example the relationship between the assignor and assignee , the testator and the executor. From latin ” privus ” = personal .
PROBABLE CAUSE reasonable and justifiable basis for belief in certainfacts or circumstances that would be the source of a matter. From latin “probare ” = to test. Therefore, a cause able to be tested.
PROBATE ( TESTAMENTARY P. ) procedure by which a will is submittedand proven before the court, aimed to get an examination of will validity and accordance to the law. From latin ” probare ” = to test.
PROBATION PERIOD period concerning the release of a convictedcriminal from prison , under the supervision of a probation officer. This release is aimed to give to the criminal an opportunity to demonstrate that he is mending one’s way. From latin ” probare ” = to test. Therefore , a time period useful to test the mending of one’s way.
PROBATIVE PROOF any kind of evidence aimed to help the judge to get areasonable conclusion or convincement relating to the circumstances. From latin ” probare ” = to test.
PROCEDURAL DUE PROCESS term indicating the constitutionalrequirement about the need to conduct all judicial or administrative proceedings in fair and proper way. Eg : the warranty given to the defendant to be heard by the judge after the arrest. From latin ” procedere ” = to progress (in figurative sense , the process goes ahead steps by steps ).
PROCEDURAL LAW law dealing with the conduct of civil , criminal oradministrative trial and the administration of the law court. Term used to distinguish from substantive law which is dealing with definition of legal rights or duties. From latin “procedere ” = to progress ( in figurative sense , is a law ruling the course of the trial.
PROCEEDING term having different meanings as for example a set of stepsin the conduct of litigation or the application before the court. From latin ” procedere ” = to progress ( in figurative sense , the process goes ahead steps by steps ).
PROCEEDS sum of money or assets resulting from commercial transaction (eg : a sale of building ) , or amount of money representing the reimbursement of a loss , granted by insurance contract. From latin ” pro ” = in favour of / “cedere ” = to renounce. In figurative sense , to renounce to a sum of moneydue to get the property of another thing.
PROCESS term indicating all of the steps in a legal proceeding. From latin”procedere” = to go ahead.
PROCLAMATION public announcement of an action requiring a publicacknowledgement, issued usually as a governamental document concerning a general and important matter. From latin ” pro ” = for the / ” clamare ” = to call with loud voice . In figurative sense , to call someone with a loud voice with the aim to get the acknowledgement by the people.
PROCURATION kind of proxy consisting in a power of an attorney toauthorize one person to act as agent or as attorney in fact for another person . From latin ” pro ” = in favour of / ” curare ” = to care about. In figurative sense, the attorney takes care of the legal problems of the client.
PROCUREMENT inducement of a person to perform an act as for exampleabout sell and buy contract of a building, which the broker is a procurer of the bargain. From latin ” pro ” = in favour of / ” curare ” = to take care of .
PROFANE LANGUAGE term indicating in a crime consisting in the use ofobscene language during a radio broadcast. From latin ” profanare ” = to violate a temple.
PROFESSIONAL RESPONSIBILITY term concerning the liability (criminal o civil liability ) of subject in the exercise of his profession as for example legal or medical profession. From latin ” pro ” = in favour of / ” ferre ” = to bring / “ responsum ” = answer . In figurative sense , aprofession is made by a set of skills that have been brought from a person to another person ( the lerners ). The responsum is the figurative answer that the liable person has to give to the court with the aim to justify own’s conduct.
PROFITEERING illegal conduct perpetrated by a subject that is taking anunfair advantage from a period of emergency or crisis, by means of rise up of commodities price or other goods of first necessity. From latin ” pro ” = in favour of / ” facere ” = to make something so that. In figurative sense ,to make something so that an advantage will be in own’s favour.
PRO FORMA DOCUMENT document issued as pure formality, accordingto a pure formal provision. From latin ” pro ” = in favour of / ” forma ” = shape, model, condition.
PROGRESSIVE TAX tax imposing to an income a increasingly higher ratesas the taxpayer’s income is increasing . From latin ” pro ” = ahead, forward / ” gressus ” = walking. Therefore , as the income goes ahead or rises up, thetaxation rate is rising.
PROHIBITION term indicating the act of forbidding the commission of anaction , conduct or activity. Eg: the prohibition of sale of cigarettes to the underaged people, or the order issued by a superior court to a lower court not to assume the jurisdiction in a matter going beyond its competence. From latin ” pro ” = with the aim to defend / “inhibitum ” = forbidden. In figurative sense, a prohibition order is forbidding a conduct with the aim to defend the community.
PROMISSORY NOTE document containing a written promise to pay a sumof money on a specified date (on demand or on sight ) to a specified payee. From latin ” pro ” = in favour of / ” missus ” = sent / ” notum ” = shown. In figurative sense, is a document send with the aim to promise a payment in favour of the creditor.
PROMULGATION OF THE LAW act consisting in the phase further afterthe issue of a law, aimed to allow the public acknowledgement . From latin ” pro ” = in favour of, permitting to / “ mulgere ” = to milk. In figurativesense , the breast of a cow is the parliament , the milk is the law and the president of republic (having the promulgation duty) is the milker. Therefore, after the issue, the law is made, but to be known by people is need to be put out of the parliament , as the milk is inside the breast but to be drunk is need to be put out from the cow’s breast. Therefore, squeezing the breast (the Parliament ) with the aim to put out the milk ( law ) , this last will be acknowledged and the people will be allowed to know its content.
PROOF document, item or witnessess establishing the existence of a facts,condition or circumstance in a dispute. From latin ” proferre ” = to show, to express, to exhibite . Therefore from latin ” pro ” = in favour of / ” ferre ” = to bring . In figurative sense , the proof is something brought from the party to the court , with the aim to get an examination or evaluation.
PROPERTY RIGHT ownership’s right to dispose of a good or estate inabsolute way, therefore a good exclusively owned. From latin ” proprius ” = belonging to one particular person.
PROPONENT person advocating a cause or issue , and proposing an idea , asfor example the proponent of a will, is a person offering the will for probate. From latin ” pro ” = aimed to be / ” ponere ” = to put. In figurative sense, to put an issue , in front of a court, with the aim to be decided.
PROPOSAL OF LAW act consisting in a introduction of a new rule or set ofrule concerning a legislation. From latin ” pro ” = aimed to be / ” ponere ” = to put.
PROPRIETARY term describing anything privately owned , managed usedor traded under an exclusive legal right. From latin ” proprius ” = belonging to one particular person / ” ars ” = conduct . In figurative sense , a conduct involving an ownership title.
PROPRIETARY FUNCTION term describing the function of municipalgovernment about the management of a municipale property as for example a municipal theatre, being a discretionary function and not a mandatory function. From latin ” proprius ” = belonging to one particular person / ” ars” = conduct . In figurative sense , a conduct involving an ownership title.
PROSCRIPTION term indicating a conduct forbidden by a statute or law.From latin “pro” = aimed to be / ” scribere ” = to write. In figurative sense, a document written with the aim to be known by the people and indicating what is a wrong or right conduct.
PROSECUTION in criminal law, term indicating the beginning andmantaining of a legal action against a person (defendant ) charged with a crime commission. From latin “persecutio” = judiciary action or also from . But the term ” prosecution ” could be also another meaning : from latin ” pro” = in favour of / ” secutus sum ” = followed, persecuted. In the figurative sense , the defendant is persecuted by prosecutor in favour of the state’s interest to catch the offenders.
PROSPECTIVE DAMAGES damages awarded as compensation in favourof the plaintiff for the future consequences of conduct made by defendant. From latin ” pro ” = ahead , after / ” spectari ” = to look , to see .
PROSPECTIVE LAW OR STATUTE law having an enforcement only in afuture time in case of future events or circumstances. This law will not have a retroactive effects. From latin ” pro ” = ahead , after / ” spectari ” = to look , to see .
PROSPECTUS document containing the essential facts about a managementof a corporation , included the operations. This document is aimed to give to an potential purchaser of the company or potential share holders a lot of information. From latin ” pro ” = ahead , after / ” spectari ” = to look , to see.
PROTECTION ORDER order issued by a court in domestic violence orabuse case, aimed to avoid any contact between defendant and victim . From latin ” pro ” = in favour of / “tectum ” = roof . In figurative sense, is a measure aimed to grant a coverage against a domestic abuse or violence.
PROTECTIVE CUSTODY term indicating a detention or sequestration ofmaterial that potentially will be used in criminal action. This detention is aimed to assure their safety from possible injury. From latin ” pro ” = in favour of / ” tectum ” = roof . In figurative sense, is a measure aimed to grant a coverage against a domestic abuse or violence.
PROTESTED CHEQUE term indicating a cheque, as negotiable instrument, that has been formally declared by a notary as a cheque presented for payment, but which payment has been refused. From latin ” pro ” = in favour of / ” testari ” = to testify. In figurative sense, to testify the lack lack of validity of a negotiable instrument.
PROTOCOL OFFICE office charged to receive the first file concerning aadministrative proceeding ( eg : a complaint against a measure issued by public administrator, before the examination by competent authority, has to be filed at the protocol office ) . From old greek ” protos ” = first / ” kolla ” = glue. This because, in the old greece, the protocol document was a sheet or a leaf stuck by means of glue to the first page of a document, and indicating summarily the matter or arguments contained in a document.
PROTONOTARY term indicating the chief clerk of a law court, as having aprimary importance among the others. From old greek ” protos ” = first / from latin ” notum ” = public / ” ars ” = job. Therefore, the chief clerk has as the lien to be the first person having as a job duty , the publicing and handling of legal document
PROVINCE territorial administrative division of a State or Region. Fromlatin “pro ” = have a function to / ” vincere ” = to win , to dominate. In fact in the old roman empire, when the army was conquering a territory was in habit to institute this administrative share of territory with the aim to win the resistance of the defeated enemy army.
PROVISIONAL GOVERNMENT government exercising a temporaryauthority , because the creation of new permanent government is yet pending. From latin ” provisus ” = under examination / ” gubernator ” = the driver of a ship . In figurative sense, the ship is the State.
PROVISIONAL COMMITTE kind of committee involving the grant, theconcession of temporary power, limited by a time period. From latin ” provisus ” = under examination / “ cum ” = with / “ mittere ” = to send ( toappoint as ). Therefore a group of person sent with the aim to get a first and temporary examination of a matter.
PROVISIONAL REMEDY judicial measure aimed to give to a party involved in a future and possible dispute, a protection against possible injury or loss while the legal action is pending or is not yet begun ( eg: a temporary sequestration ). From latin ” pro ” = ahead, in the future / ” videre ” = to look / ” re ” = again / ” mederi ” = to heal. In figurative sense, the judge issues a measure aimed to heal a problem that , in the future and pending the trial, possibly could be occurr or to heal a legal situation , formerly legal , because he is foreseeing , in the future, a possible legal problem involving a party.
PROVISO latin term indicating a clause in a contract or other legal deed ,involving a condition on the use of a right or restriction to its use. From latin ” pro ” = ahead, in the future / “ visus ” = seen.
PROVOCATION in criminal law, the term is indicating a mitigatingcircumstance in the committment of a crime, because perpetrated in a moment of resentment or fury provoked by the victim for his impolite or unlawful conduct . From latin ” pro ” = aimed to / ” vocatio ” = calling. In figurative sense , with his behaviour , the victim called the offender reaction, the victim conduct .
PROXIMATE CAUSE in the law of torts, this term is indicating the directcause of an injury, due to a negligent act without which the injury would not have occurred and which is not interrupted by an intervention or contribution of another subject. From latin ” proximitas ” = nearness.
PROXY DOCUMENT document containing the empower of the authority toact for another or for the care of another interests, as for example the proxy document given to a lawyer. From latin ” proxime ” = very near. In figurative sense, the lawyer is near to his client, is taking care of him.
PRUDENCE ( ORDINARY P. ) term used in the law of torts to indicate anact that never would be committed by a reasonable and prudent person. From latin “prudentia ” = careful
PUBLIC word oftenly used near a legal term , to indicate an interestconcerning all the people (eg: public defender, public domain, public interest). From latin ” publice ” = officially.
PUBLISHMENT OF A WILL term indicating that a will or testamentaryprovision has been declared open. From latin ” publice ” = officially.
PUNISHMENT term indicating the imposition of a penalty in response of anoffence. From latin ” poena ” = punishment.
PUNITIVE MEASURE measure issued to penalize an offence maker. Fromlatin ” poena ” = punishment .
PUNITIVE DAMAGES kind of compensation, awarded to the plaintiff,consisting in a sum exceeding the real amount of damage, but having an exemplary function to discourage the future and eventual conducts. From latin ” poena ” = punishment
PURGE OF GUILT clearance of guilt , clearance of a charge or accusation .From latin “purgare ” = to purify
PUTATIVE FATHER / P. MOTHER term indicating the person commonlyaccepted as father or mother of the child. From latin ” putatum ” = thought , considered.
PUTATIVE MARRIAGE marriage entered into by both parties, withoutknowledge of impediment and commonly accepted as valid. From latin ” putatum ” = thought , considered.
PYRAMIDAL SYSTEM OF HIERARCHY term used to indicate a systemof competence and authority inspired to a old egyptian building having a large squared basis (figuratively indicating the executive clerk of an office ) and progressively retrenched to the head ( figuratively indicating the leader, the head of an office ). From old greek “piramis ” = old egyptian building, above mentioned. (The name is derivated from old greek ” pur ” = fire. In fact , the fire has a large basis and coming to the top , the flame is retrenched) . The english term “hierarchy” is coming from old greek ” gheros ” = old, expert / ” arche ” = power. Therefore, the power is given to the oldest and more expert person.