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political crime See POLITICAL OFFENSE.

political economy A social science dealing with the economic problems ofgovernment and the relationship between political policies and economic processes.

political economy See ECONOMY.

political equality The sharing of governmental decisions in such a way that, in the setting of governmental policies, the preference of each citizen is assigned an equal value,

political gerrymandering See GERRYMANDERING (1).

political law See POLITICAL SCIENCE.

political liberty 1. See LIBERTY. 2. See political right under RIGHT.

political offense A crime directed against the security or government of a nation, such as treason, sedition, or espionage. Under principles of international law, the perpetrator of a political offense cannot be extradited. Also termed political crime.

political offense See POLITICAL OFFENSE.

political party An organization of voters formed to influence the government s conduct and policies by nominating and electing candidates to public office. The United States has traditionally maintained a two party system, which today comprises the Democratic and Republican parties. Often shortened to party.

political patronage See PATRONAGE (3).

political power The power vested in a person or body of persons exercising any function of the state; the capacity to influence the activities of the body politic. - Also termed civil power.

political question A question that a court will not consider because it involves the exercise of discretionary power by the executive or legislative branch of government. Also termed nonjusticiable question. CF. JUDICIAL QUESTION.

political question See POUTICAL QUESTION.

political right The right to participate in the establishment or administration of government, such as the right to vote or the right to hold public office. - Also termed political liberty.

political right See RIGHT.

political science The branch oflearning concerned with the study of the principles and conduct of government. - Also termed political law.

political society See STATE (1).

political subdivision A division of a state that exists primarily to discharge some function of local government.

political trial See TRIAL.

political-action committee An organization formed by a special-interest group to raise and contribute money to the campaigns of political candidates who the group believes will promote its interests. Abbr. PAC.

Political-Military Affairs Bureau See BUREAU OF POLITICAL-MILITARY AFFAIRS.

political-question doctrine The judicial principle that a court should refuse to decide an issue involving the exercise of discretionary power by the executive or legislative branch of government.

political-vote privilege A privilege to protect from compulsory disclosure a vote cast in an election by secret ballot.

political-vote privilege See PRIVILEGE (3).

politics 1. The science of the organization and administration of the state. 2. The activity or profession of engaging in political affairs.

polity (pol-a-tee). 1. The total governmental organization as based on its goals and policies. 2. A politically organized body or community.

polity approach A method of resolving churchproperty disputes by which a court examines the structure of the church to determine whether the church is independent or hierarchical, and then resolves the dispute in accordance with the decision of the proper church-governing body.

poll 1. A sampling of opinions on a given topic, conducted randomly or obtained from a specified group. 2. lhe act or process of voting at an election. 3. The result of the counting of votes. 4. (usu. pl.) The place where votes are cast.

poll 1. To ask how each member of (a group) indiVidually voted <after the verdict was read, the judge polled the jury>. 2. To question (people) so as to elicit votes, opinions, or preferences <the committee polled 500 citizens about their views>. 3. To receive (a given number of votes) in an election <the third-party candidate polled only 250 votes in the county>.

poll tax A fixed tax levied on each person within a jurisdiction. The 24th Amendment prohibits the federal and state governments from imposing poll taxes as a condition for voting. Also termed per capita tax; capitation tax; capitation; head tax.

poll tax See TAX.

pollicitation The offer of a promise. "By a promise. we mean an accepted offer as opposed to an offer of a promise. or, as Austin called it, a pollicitation." William R. Anson, Principles of the Law of Contract 6 (Arthur l. Corbin ed., 3d Am. ed. 1919).

pollute To corrupt or defile; esp., to contaminate the soil, air, or water with noxious substances. pollution, n. polluter, n.

pollution exclusion See EXCLUSION (3).

pollution exclusion A provision in some commercial general liability policies, excluding coverage for bodily injury or property damages arising from the discharge, dispersal, release, or escape of chemicals, waste, acid, and other pollutants. Pollution-exclusion clauses may take one of two forms: (1) sudden and accidental, and (2) absolute. The sudden-andaccidental clause, usu. limited to policies issued before 1985, contains an exception under which the damages are covered (i.e., exempted from the exclusion) if the discharge or other release was sudden and accidental. The absolute pollution exclusion, in most policies issued since 1985, does not contain this exception.

polyandry (pol-ee-an-dree). The condition or practice of having more than one husband at the same time. Cf. POLYGYNY.

polyarchy (pol-ee-ahr-kee). Government by many persons. - Also termed polygarchy (pol-a-gahr-kee). Cf. MONARCHY. - polyarchal, adj.

polygamist (pa-lig-a-mast). 1. A person who has several spouses Simultaneously. 2. An advocate of polygamy.

polygamy (pa-lig-a-mee), n. (16c) 1. The state or practice of haVing more than one spouse simultaneously. Also termed simultaneous polygamy; plural marriage. 2. The fact or practice of having more than one spouse during one s lifetime, though never simultaneously. Until the third century, polygamy included remarriage after a spouse s death because a valid marriage bond was considered indissoluble. Also termed successive polygamy; serial polygamy; sequential marriage. Cf. BIGAMY; MONOGAMY. - polygamous, adj. - polygamist, n. Polygamy (many marriages) is employed at times as a synonym of bigamy and at other times to indicate the simultaneous marriage of two or more spouses." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 458 (3d ed. 1982). [T]his one-marriage-at-a-time rule behind which the legal systems of the West have seemingly thrown so much weight is not what a sociologist would call a general prohibition of polygamy. Polygamy can be simultaneous Of more than one spouse is simultaneously present} or successive (if spouses are married one after the other). Only simultane. ous polygamy is prohibited by the laws with which we are here concerned. These statutes reserve the use of the word polygamy for that kind which is not very common among us. They do not affect the serial form. which is so very popular in the United States and Western Europe that the law is fast changing to adapt to it." Mary Ann Glendon,The Transformation of Family Law 52 (1989).

polygarchy See POLYARCHY.

polygraph A device used to evaluate truthfulness by measuring and recording involuntary physiological changes in the human body during interrogation. Polygraph results are inadmissible as evidence in most states but are commonly used by the police as an investigative tool. Also termed lie detector. polygraphic, adj. - polygraphy, n.

polygyny (pa-lij-a-nee). The condition or practice of having more than one wife at the same time. Cf. POLYANDRY.

pondere, numero, et mensura (pon-dar-ee, n[y] oo-mar-oh, et men-s[y]nur-a). [Latin] Hist. By weight, number, and measure. The phrase appeared in reference to methods for determining fungibles. Pondere. numero, et men sura. These are the tests proposed by our law, by which to ascertain whether a certain subject falls within that class of subjects known as fungibles, which class includes all those things which perish in the using, and which can be estimated gener. ally by weight, number and measure; such, for example, are corn, wine, money, &c." John Trayner, Trayner s Latin Maxims 462 (4th ed. 1894).

pone (poh-nee). [Latin "put"]. An original writ used to remove an action from an inferior court (such as a manorial court or county court) to a superior court. lhe writ was so called from the initial words of its mandate, which required the recipient to put the matter before the court issuing the writ.

pone per vadium (poh-nee par vay-dee-am). [Latin]. A writ commanding the sheriff to summon a defendant who has failed to appear in response to an initial writ by attaching some of the defendant s property and requiring the defendant to find sureties. It was so called from the words of the writ, pone per vadium et salvos plegios ("put by gage and safe pledges").

ponendis in assisis (pa-nen-dis in a-si-zis). [Latin "to be placed in assizes"]. A writ directing the sheriff to empanel a jury for an assize or real action.

ponendo sigillum ad exceptionem See DE PONENDO SIGILLUM AD EXCEPTIONEM.

ponendum in ballium (pa-nen-dam in bal-ee-am). [Latin "to be placed in bail"]. A writ commanding that a prisoner be bailed in a bailable matter.

ponit loco suo (poh-nit loh-ko s[y]oo-oh). [Latin] Puts in his place. This phrase was formerly used in a power of attorney. Abbr. po. lo. suo.

ponit se super patriam (poh-nit see s[y]oo-par pay¬tree-am or pa-tree-am). [Latin "he puts himself upon the country"]. A defendant s plea of not guilty in a criminal action. - Abbr. po. se. See GOING TO THE COUNTRY; PATRIA (3).

pontifex (pon-ti-feks), n. Roman law. A member of the college of pontiffs, one of several groups of priests, who had control of religion in Rome. Also termed pontiff. PI. pontifices (pon-tif-i-seez).

pontiff 1. Roman law, A member of the council of priests in ancient Rome. Also termed pontifex. "The specialists who interpreted the Twelve Tables and the unwritten part of the law were called pontiffs. At first they dealt with both sacred law (how to appease the gods) and secular law (how to secure peace among men). Some of them later confined themselves to secular law. As an example of how they interpreted the law, the Twelve Tables said that if a father sells his son three times (into bondage, to payoff debts) the son is to be free from his father s power. The Twelve Tables said nothing about a daughter. The pontiffs held that if a father sold his daughter once, she was free." Tony Honore, About Law 13 (1995). 2. The leader of the Catholic Church; the Pope. See PONTIFEX.

pony homestead See constitutional homestead under HOMESTEAD.

pony homestead See constitutional homestead.

Ponzi scheme (pon-zee). A fraudulent investment scheme in which money contributed by later investors generates artificially high dividends or returns for the original investors, whose example attracts even larger investments. Money from the new investors is used directly to repay or pay interest to earlier investors, usu, without any operation or revenue-producing activity other than the continual raising of new funds. This scheme takes its name from Charles Ponzi, who in the late 19208 was convicted for fraudulent schemes he conducted in Boston. See GIFTING CLUB. Cf. PYRAMID SCHEME.

pool 1. An association of individuals or entities who share resources and funds to promote their joint undertaking; esp., an association ofpersons engaged in buying or selling commodities. If such an association is formed to eliminate competition throughout a single industry, it is a restraint of trade that violates federal antitrust laws. 2. A gambling scheme in which numerous persons contribute stakes for betting on a particular event (such as a sporting event).

pool clerk A clerk who does not work for only one judge but performs a range ofduties for several judges or for the entire court. 6. A cleric. "Eventually the rule was established that 'clerks' of all kinds, who committed any of the serious crimes termed felonies, could be tried only in an ecclesiastical court, and therefore were only amenable to such punishments as that court could inflict. Any clerk accused of such crime was accordingly passed over to the bishop's court. He was there tried before ajury of clerks by the oaths of twelve compurgators; a mode of trial which usually ensured him an acquittal." J,W. Cecil Turner. Kenny's Outlines of Criminal Law 75 (16th ed. 1952). 7. SECRETARY (3).

pool clerk See CLERK (5),

pooled trust See TRUST.

pooled-income fund A trust created and maintained by a public charity rather than a private person, whereby (1) the donor creates an irrevocable, vested remainder in the charitable organization that maintains the trust, (2) the property transferred by each donor is commingled with property transferred by other donors, (3) the fund cannot invest in tax-exempt securities, (4) no donor or income beneficiary can be a trustee, (5) the donor retains (either personally or for one or more named income beneficiaries) a life income interest, and (6) each income beneficiary is entitled to and receives a proportional share of the annual income based on the rate of return earned by the fund. IRC (26 USCA) § 642(c)(5).

pooled-incomefund See POOLED-INCOME FUND.

pooling Oil & gas. Ihe bringing together of small tracts ofland or fractional mineral interests over a producing reservoir for the purpose of drilling an oil or gas well. Pooling is usu. associated with collecting a large enough tract to meet well-spacing regulations. Also termed communitization. Cf. UNITIZATION.

pooling agreement A contractual arrangement by which corporate shareholders agree that their shares will be voted as a unit. Also termed voting agreement; shareholder voting agreement; shareholder-control agreement.

pooling clause Oil & gas. A provision found in most oil¬and-gas leases granting the lessee the right to combine part or all of the leased acreage with other properties for development or operation.

pooling of interests A method of accounting used in mergers, whereby the acquired company s assets are recorded on the acquiring company s books at their cost when originally acquired. No goodwill account is created under the pooling method.

Poor Law The British law that provided relief to paupers, originally on the parish level and supported by property taxes. The Poor Law was supplanted in 1948 by the National Assistance Act.

poor man s court See RUSTICUM FORUM.

poor relief See WELFARE (2).

pop Telecommunications. A calculation of the potential customer base for a mobile-phone-service provider, calculated by the number of people living in the area multiplied by the company s percentage ownership of the area s cellular service.

Poppean law See LEX PAPIA POPPEA.

popular action See QUI TAM ACTION.

popular election An election by people as a whole, rather than by a select group.

popular election See ELECTION (3).

popular justice Demotic justice, which is usu. considered less than fully fair and proper even though it satisfies prevailing public opinion in a particular case. Cf. social justice. "Nothing is more treacherous than popular justice in many of its manifestations, subject as it is to passion, to fallacy, and to the inability to grasp general notions or to distinguish the essential from the inessential." Carleton K. Allen, Law in the Making 387 (7th ed. 1964).

popular justice See JUSTICE (1).

popular sovereignty A system ofgovernment in which policy choices reflect the preferences of the majority of citizens.

popular sovereignty See SOVEREIGNTY (1).

popular use See USE (1).

popularis (pop-ya-lair-is), adj. [Latin] Roman law. (Of an action) vailable to any male member of the public. See actio popularis under ACTIO.

populus (pop-ya-las), n. & adj. [Latin] Roman law. The people; the whole body of Roman citizens, patricians, and plebeians.

porcupine provision A clause in a corporation s charter or by laws deSigned to prevent a takeover without the consent of the board of directors. Cf. SHARK REPELLENT; POISON PILL.

pork-barrellegislation See LEGISLATION.

pornography Material (such as writings, photographs, or movies) depicting sexual activity or erotic behavior in a way that is designed to arouse sexual excitement. Pornography is protected speech under the First Amendment unless it is determined to be legally obscene. See OBSCENITY. pornographic, adj.

port 1. A harbor where ships load and unload cargo. 2. Any place where persons and cargo are allowed to enter a country and where customs officials are stationed. - Also termed (in sense 2) port of entry.

port authority A state or federal agency that regulates traffic through a port or that establishes and maintains airports, bridges, tollways, and public transportation.

port of call A port at which a ship stops during a voyage.

port of call See PORT.

port of delivery See PORT.

port of delivery The port that is the terminus of any particular voyage and where the ship unloads its cargo.

port of departure The port from which a vessel departs on the start of a voyage.

port of departure See PORT.

port of destination See PORT.

port of destination The port at which a voyage is to end. This term generally includes any stopping places at which the ship receives or unloads cargo.

port of discharge The place where a substantial part of the cargo is discharged.

port of discharge See PORT.

port of entry See PORT (2).

port toll A duty paid for bringing goods into a port. port toll.

portable business A portfolio oflegal business that an attorney can take from one firm or geographic location to another, with little loss in client relationships. Also termed portable practice.

portfolio 1. The various securities or other investments held by an investor at any given time. An investor will often hold several different types of investments in a portfolio for the purpose of diversifying risk.