PROTOCOL : The first draft or rough minutes of an instrument or transaction; the original copy of a dispatch, treaty, or other document. Brande. A document serving as the preliminary to, or opening of, any diplomatic transaction. In old Scotch practice. A book, marked by the clerk-register, and delivered to a no- tary on his admission, in which he was directed to insert all the instruments he had occasion to execute; to be preserved as a record. Bell. In France, the minutes of notarial acts were formerely transcribed on registers, which were called "protocols." Toullier, Droit Civil Fr. liv. 3, t. 3. c. 6, s. 1, no. 413. PROTOCOLO. In Spanish law. The original draft or writing of an instrument which remains in the possession of the es- cribano, or notary. White. New Recop. lib. 3, tit 7, c. 5,
PER PROCURATION : By proxy; by one acting as an agent with special powers; as under a letter of attorney. These words "give notice to all persons that the agent is actiug under a special and limited authority." 10 C. B. 689. The phrase is commonly ab- breviated to "per proc.," or "p. p.," and is more used in the civil law and in England than in American law.
PER QUOD CONSORTIUM : Lat. In old pleading. Whereby he lost the company [of his wife.] A phrase used in the old declarations In actions of trespass by a husband, for beating or ill using his wife, descriptive of the special damage he had sustained. 3 Bl. Comm. 140; Cro. Jac. 501, 538; Crocker v. Crocker (C. C.) 98 Fed. 703.
PROCURE : In criminal law, and in analogous uses elsewhere, to âprocureâ is to Initiate a proceeding to cause a thing to be done; to instigate; to contrive, bring about, effect, or cause. See U. S. v. Wilson, 28 Fed. Cas. 710; Gore v. Lloyd, 12 Mees. & W. 4S0; Marcus v. Bernstein, 117 N. C. 31, 23 S. E. 38; Rosenbarger v. State, 154 Ind. 425, 56 N. E. 914; Long v. State, 23 Neb. 33, 36 N. W. 310.
PLENE : Lat Completely; fully; sufficiently.
PRINCES OF THE ROYAL : In English law. The younger sons and daughters of the sovereign, and other branches of the royal family who are not in the immediate line of succession. PRINCESS ROYAL. In English law. The eldest daughter of the sovereign. 8 Steph. Comm. 450.
PEACEABLE : Free from the character of force, violence, or trespass; as, a "peaceable entry" on lands. "Peaceable possession" of real estate Is such as is acquiesced in by all other persons, including rival claimants, and not disturbed by any forcible attempt at ouster nor by adverse suits to recover the possession or the estate. See Stanley v. Schwalby, 147 U. S. SOS, 13 Sup. Ct. 418, 37 L. Ed. 259; Allaire v. Ketcham, 55 N. J. Eq. 10S, 35 Atl. 900; Bowers v. Cherokee Bob, 45 Cal. 504; Gitten v. Lowry, 15 Ga. 336. Peccata contra naturam sunt gravis- sima. 3 Inst. 20. Crimes against nature are the most heinous. Peccatum peccato addit qui culpae quam facit patrocinia defensionis ad- jungit. 5 Coke, 49. lie adds fault to fault who sets up a defense of a wrong committed by him.
PER ACCIDENS : Something that occurs as a contingency, or due to a small chance. The antonym of per se.
PRESCRIBED SECURITY : Government offered securities such as Bonds, stocks, etc
PEACE : As applied to the affairs of a state or nation peace may be either external or internal. In the former case, the term denotes the prevalence of amicable relations and mutual good will between the particular society and all foreign powers. In the latter case, it means the tranquility, security, and freedom from commotion or disturbance which is the sign of good order and harmony and obedience to the laws among all the members of the society, in a somewhat technical sense, peace denotes the quiet, security, good order, and decorum which is guarantied by the constitution of civil soci- ety and by the laws. People v. Rounds, 67 Mich. 482, 35 N. W. 77; Corvallis v. Carlile, 10 Or. 139. 45 Am. Rep. 134. The concord or final agreement in a fine of lands. 18 Edw. I. "Modus Lcvandi Finis."
PSYCHOLOGICAL AGE : Not necessarily or related to your actual age. You can age psychologically as well as in years. An older person psychologically may deem that a business has reached its maximum potential but a person with a youger psychological age may still see that there is room for added development and improvement.
PROMISE : A declaration, verbal or written, made by one person to another for a good or valuable consideration in the nature of a covenant by which the promisor binds himself to do or forbear some act, and gives to the promisee a legal right to demand and enforce a fulfillment. See Taylor v. Miller, 113 N. C. 340, 18 S. E. 504; New- comb v. Clark, 1 Denio (N. Y.) 22S; Foute v. Bacon, 2 Cush. (Miss.) 104; U. S. v. Baltic Mills Co., 124 Fed. 41, 59 C. C. A. 558. âPromiseâ is to be distinguished, on the one hand, from a mere declaration of intention involving no engagement or assurance as to the future; and, on the other, from âagreement,â which is an obligation arising upon reciprocal promises, or upon a promise founded on a consideration. Abbott. âFictitious promises,â sometimes called âimplied promises,â or âpromises implied in law,â occur in the case of those contracts which were invented to enable persons in certain cases to take advantage of the old rules of pleading pecul
PROXY SERVER : This is a server that acts as a firewall between an internal server and an external server. For example a company will use a proxy server to the internet so its original location is protected. All external attempts to access the company will be refused by the proxy server unless they have been allowed by the internal server. 2. A server outside of a network that stores data that is accessed frequently.
PATERFAMILIAS : The father of a family. In Roman law. The head or master of a family. This word is sometimes employed, in a wide sense, as equivalent to sui juris. A person sui juris is called "paterfamilias" even when under the age of puberty. In the narrower and more common use, a paterfamilias is any one invested with potestas over any person. It is thus as applicable to a grandfather as to a father. Ilunter, Rom. Law, 49.
PCE DEFLATOR : An indicator used n the United States, for calculating the increase in average pricing for all domestic personal consumption. It is taken from the largest component of the GDP.
PAYMENT SCHEDULE : The time schedule by which payments must be made to the creditor.
POP-UP RETAIL : A method by which entrepreneurs establish retail outlets on a temporary basis. Commonly, pop up retail methods are used to set up temporary outlets in untested markets by large corporations. This helps them in saving money before setting up a permanent retail outlet.
PRIVATE LAW : As used in contradistinction to public law. the term means all that part of the law which is administered between citizen and citizeu, or which is concerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation is incident are private Individuals. See PUBLIC LAW.
PRODUCT FRANCHISING : Order in which a firm or franchiser supplies a product family to a certain dealer or franchisee who associates with the brand name of the producer. Usually product franchisees are exlusive brand name.
PUT ON THE MINIMUM : An option where the buyer is paid the difference between the strike price and the lowest price. Refer to option on the maximum/minimum, lookback option, and call on the maximum.
PARTUS : Lat Child; offspring; the child just before it is born, or immediately after its birth. Partus ex legitimo thoro non certius noscit matrem quam genitorem suum. Fortes. 42. The offspring of a legitimate bed knows not his mother more certainly than his father. Partus sequitur ventrem. The offspring follows the mother; the brood of an animal belongs to the owner of the dam; the offspring of a slave belongs to the owner of the mother, or follow the condition of the mother. A maxim of the civil law, which has been adopted in the law of England in regard to animals, though never allowed in the case of human beings. 2 Bl. Comm. 390, 94; Fortes. 42.
PETITIONER : One who presents a petition to a court, officer, or legislative body. In legal proceedings begun by petition, the person against whom action or relief is prayed, or who opposes the prayer of the petition, Is called the "respondent."
PASSENGER : A person whom a common carrier has contracted to carry from one place to another, and has, in the course of PASSIAGIARIU9 880 PATENT Nthe performance of that contract, received under his care either upon the means of conveyance, or at tlie point of departure of that means of conveyance. Bricker v. Philadelphia & It. It. Co., 132 Pa. 1, 18 Atl. 983, 19 Am. St. Rep. 5S5; Schepers v. Union I)e- 0 pot It. Co., 120 Mo. 005, 29 S. W. 712; Pennsylvania R. Co. v. Price, 90 Pa. 250; Tlie Main v. Williams, 152 U. S. 122, 14 Sup. Ct 4S0, 38 L. Ed. 3S1 ; Norfolk & W. It. Co. v. Tanner, 100 Va. 379, 41 S. E. 721. P
PREPRINT : The print and release of a partial portion of a work before the date of publication of the completed final work.
PEOPLE : A state; as the people of the state of New York. A nation in its collective and political capacity. Nesbitt v. Lushington, 4 Term R. 783; U. S. v. Quincy, 0 Pet. 407, 8 L. Ed. 458; U. S. v. Trumbull (D. C.) 48 Fed. 99. In a more restricted sense, and as generally used In constitutional law, the entire body of those citizens of a state or nation who are invested with political power for political purposes, that is, the qualified voters or electors. See Keller v. Hill, 00 Iowa, 543, 15 N. W. 009; Dred Scott v. Sandford, 19 How. 404, 15 L. Ed. 091; Boyd v. Nebraska, 143 U. S. 135, 12 Sun. Ct. 375, 30 L. Ed. 103; Rogers v. Jacob, 88 Ky. 502, 11 S. W. 513; People v. Counts, 89 Cal. 15, 20 Pac. 012; Blair v. RIdgely, 41 Mo. 03, 97 Am. Dec. 248; Beverly v. Sabin, 20 111. 357; In re Incurring of State Debts, 19 R. I. 010, 37 Atl. 14. The word âpeopleâ may have various significations according to the connection in which it is used. When we speak of the rights of the people, or of the govern
PIRACY : In criminal law. A robbery or forcible depredation on the high seas, without lawful authority, done animo fur- audi, in the spirit and intention of universal hostility. United States v. Palmer, 3 Wheat. <>10, 4 L. Ed. 471. This is the definition of this offense by the law of nations. 1 Kent, Comm. I S3. And see Talbot v. Janson, 3 Dall. 152, 1 L. Ed. 540; Dole v. Insurance Co., 51 Me. 407; U. S. v. Smith. 5 Wheat 101, 5 L. Ed. 57; U. S. v. The Ambrose Light (I). C.) 25 Fed. 408; Davison v. Seal-skins, 7 Fed. Cas. 102. There is a distinction between the offense of piracy, as known to the law of nations, which is justiciable everywhere, and offenses created by statutes of particular nations, cognizable only before the municipal tribunals of such nations. Dole v. Insurance Co., 2 Cliff. 304, 41S, Fed. Cas. No. 3,000. The term is also applied to the illicit reprinting or reproduction of a copyrighted book or print or to unlawful plagiarism from it. Pirata est hostis humani generis. 3 Inst.
PARAMETRIC TRIGGER : An event that causes coupon rates to be suspened to prevent further loss.
PASSIVE DEBT : A debt upon which, by agreement between the debtor and creditor, no interest is payable, as distinguished from active debt; i. c., a debt upon which interest is payable. In this sense, the terms "active" and "passive" are applied to certain debts due from the Spanish government to Great Britain. Wharton. In another sense of the words, a debt is "active" or "passive" according as the person of the creditor or debtor is regarded ; a passive debt being that which a man owes; an active debt that which is owing to him. In this meaning every debt is both active and passive,
PASSAGE : A way over water; an easement giving the right to pass over a piece of private water. Travel by sea; a voyage over water; the carriage of passengers by water; money paid for such carriage. Enactment; the act of carrying a bill or resolution through a legislative or delibera- tive body in accordance with the prescribed forms and requisites; the emergence of the bill in the form of a law, or the motion in the form of a resolution.
PROCES VERBAL : In French law. A written report, which is signed, setting forth a statement of facts. This term is applied to the report proving the meeting and the resolutious passed at a meeting of shareholders, or to the report of a commission to take testimony. It can also be applied to the statement drawn up by a huissicr in relation to any facts which one of the parties to a suit can be Interested In proving; for instance the sale of a counterfeited object. Statements, drawn up by other competent authorities, of misdemeanors or other criminal acts, are also called by this name. Arg. Fr. Merc. Law, 570. A true relation in writing In due form of law of what has been done and said verbally in the presence of a public officer and of what he himself does on the occasion. Hall v. Hall, 11 Tex. 526, 539.