Law terms starting with P

344 terms

preference or preferential debt payment A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the…
preferred embodiment The preferred embodiment of an invention can usually be interpreted as being recited as the best mode known to the inventor of carrying out the invention.
prejudgment interest In patent litigation, prejudgment interest is interest on monetary judgment against an infringer awarded to a prevailing party measured from the date of…
Preliminary Amendment An amendment to a patent application filed simultaneously with the filing of the patent application or an amendment to a patent application filed before…
Preliminary Examination A preindictment hearing at which the prosecutor must present evidence sufficient to establish probable cause that a federal offense was committed and that…
Preliminary Examination Report A report notifying an applicant of the results of an International Preliminary Examination. MPEP 1860.
Preliminary hearing Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. See arraignment.
Preliminary injunction Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction.
Preliminary Statement In an interference proceeding, a statement made under oath that sets out who made an invention and where and when it was made. MPEP 2321, MPEP 2322.
Prenuptial agreement A prenuptial agreement is an agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate…
Preponderance of the evidence Greater weight of the evidence, the common standard of proof in civil cases.
Presentaciones de pretensiones y defensas en un juicio Proceso mediante el cual las partes presentan los hechos que justifican una acción judicial y sus alegatos o defensas.
Presentence investigation and report Before sentencing, a probation officer investigates the defendant's background, financial condition, criminal offense(s), and criminal history.
Presentence report A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing…
Presentment Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties.
preservation The process of ensuring retention and protection from destruction or deletion all potentially relevant evidence, including electronic metadata.
Preservation Notice, Preservation Order See Legal Hold.
president of the Senate See Vice President.
president pro tempore A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President.
presidential signature A proposed law passed by Congress must be presented to the President, who then has 10 days to approve or disapprove it.
presiding officer A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting…
presumption of abuse .
Presumption of innocence Before the trial begins, the court instructs the jury to presume the defendant is innocent of all charges.
Presumption of Validity An presumption that a patent issued by a patent office is valid.
Pretermitted child A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to…
pretrial conference Scheduling conference at which trial, motion cut-off, and other dates are set.
Pretrial conference/status hearing A conference held prior to trial to consider and resolve important issues in a given case and promote the fair and speedy trial of the case.
Pretrial proceedings Generally refers to the events that occur between the time the defendant first appears in court and the time of trial.
pretrial services A department of the district court that conducts an investigation of a criminal defendant's background in order to help a judge decide whether to release…
Pretrial Services Officer An officer of the court who collects and verifies the information used by judges in deciding issues related to pretrial release and detention.
Pretrial Services Report A report prepared by a pretrial services officer containing information about a defendant's personal history, criminal record, and financial status.
Prevailing Party The winner in a lawsuit.
Prima facie On the face of it; at first view.
Prima facie case A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.
Primary authority Constitutions, codes, statutes, ordinances, and case law sources.
primary examiner a patent examiner who is fully authorized to sign office actions (signatory authority) regarding patentability
Principal Register primary trademark register of the USPTO. When a mark has been registered on the Principal Register, the mark is entitled to all the rights provided by the…
Principle a basic rule, assumption or quality; a fixed or predetermined policy or mode of action.
PrinTEAS a former feature of the USPTO's electronic filing system that allowed applicants to complete a trademark application on-line, and then print it out for…
Printed Matter A publication. MPEP 2128
Printout A printed version of text of data, another term for which is hard copy.
prior art it's what we live for! It is technology or knowledge of technology, existing in the public domain, in the form of existing patents, trade publications…
Prior Art Reference See MPEP 900 for information
Prior Public Use Display of an unpatented invention under circumstances in which the invention enters the public domain. MPEP 2133.01(a).
prior-art statement Also known as an information disclosure statement, this is a document filed in the U.S.
priority The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money…
priority action a letter in which an examining attorney sets forth specific requirements that the applicant must meet before an application can be approved for…
priority claim An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status.
Priority Date The filing date of the first patent application disclosing an invention, which filing date has occurred no more than 12 months before the filing date of a…
Priority Document A certified copy of a patent application filed no more than 12 months before the filing date of the later-filed application claiming the priority date of…
private law A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
Private Network A network that is connected to the Internet but is isolated from the Internet with security measures allowing use of the network only by persons within…
privilege A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc.
Privilege against self-incrimination Also know as the right to remain silent, the privilege against self-incrimination is contained in the Fifth Amendment.
Privilege Data Set The universe of documents identified as responsive and/or relevant, but withheld from production on the grounds of attorney-client privilege or work…
PRM Performance Reference Model - a standardized framework to measure the performance of major IT investments and their contribution to program performance --…
Pro bono publico For the public good. Lawyers representing clients without a fee are said to be working pro bono publico.
Pro confesso As if conceded.
Pro forma For the sake of form.
pro forma session A brief meeting (sometimes only several seconds) of the Senate in which no business is conducted.
Pro nunc For now.
pro per A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
Pro rata Proportionate share; distribution in proportion.
pro se A nonlawyer who represents himself or herself in a court proceeding.
Pro se Applicant An applicant for patent (inventor) who is representing himself/herself. MPEP 401, MPEP 707.07(j).
Probability The chance that an event occurs. It is usually expressed as a percent. Zero percent denotes impossibility, while 100% denotes certainty.
Probable cause 1. The basis for all lawful searches, seizures and arrests. 2. A reasonable belief that a crime has or is being committed.
Probate Probate is the process of authenticating, or verifying, your will so that your executor can carry out the wishes you expressed in the document for…
Probate court The court with authority to supervise estate administration.
Probate estate Your probate estate includes all of the assets that will pass to your heirs through your will.
Probation An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision…
Probation officer Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on…
probation officers (or pretrial services officers) Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
procedure The rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.
process A method of making something, a process of operating something or a process of using something. Under U.S. law, one of the statutory classes of inventions.
Process Development the act of defining and describing a process. It may include planning, architecture, design, implementation, and validation.
Processing Data In the context of this document, synonymous with Image Processing.
Product A machine, an article of manufacture or a composition of matter. See Machine, Article of Manufacture, Composition of Matter. MPEP 2106.
Product By Process Claim A patent claim that describes a product invention by descibing the process that is used to make it.
Product liability Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.
Product of Nature A thing occurring in nature that is substantially unaltered by Man. An essentially pure culture of a microorganism does not occur in nature and is not…
Production The process of delivering to another party, or making available for that partys review, documents deemed responsive to a discovery request.
Production Data Set The universe of documents identified as responsive to document requests and not withheld on the grounds of attorney-client privilege or work product.
Production De-Duplication Dupli
Production Number Often referred to as the BATES number. A sequential number assigned to every page of a production for tracking and reference purposes.
Professional Practice A "professional practice" means a law firm, a medical practice, an accounting firm, etc.
Proficiency Test a process to evaluate the competence of an analyst/laboratory by evaluation of the results obtained on test materials.
profits Direct recovery of the patent infringer's profits is not possible in a case of infringement of a utility patent, but may, under proper circumstances, be…
Prolix Claim A claim that contains long recitations or unimportant details that render the claim indefinite. MPEP 2173.05(m).
Promisee An individual to whom a promise is made.
Promisor An individual who makes a promise.
Promissory estoppel A promise which estops or legally prevents the promisee from asserting or taking certain action.
Proof beyond a reasonable doubt The level or quality of proof needed to convict a criminal defendant at trial. The government has the burden of proof in a criminal case and, in order to…
proof of claim A written statement and verifying documentation filed by a creditor that describes the reason the debtor owes the creditor money.
Proof of Service The person who actually accomplished the service must state under oath, in an affidavit of service, that she/he did the proper tasks to accomplish "good…
Proper seal a seal that prevents loss, cross-transfer, or contamination while ensuring that attempted entry into the container is detectable.
property For this survey, property means real estate; that is, land and anything permanently affixed to the land, such as buildings and those things attached to…
Property Inventory the physical accounting of capital equipment.
property of the estate All legal or equitable interests of the debtor in property as of the commencement of the case.
Property tax The amount which the state and/or locality assesses as a tax on a piece of property.