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possibility coupled with an interest An expectation recognized in law as an estate or interest, as occurs in an executory devise or in a shifting or springing use. This type of possibility may be sold or aSSigned. See shifting use, springing use under USE.

possibility of reverter A reversionary interest that is subject to a condition precedent; specif., a future interest retained by a grantor after conveying a fee simple determinable, so that the grantee s estate terminates automatically and reverts to the grantor if the terminating event ever occurs. In this type of interest, the grantor transfers an estate whose maximum potential duration equals that of the grantor s own estate and attaches a special limitation that operates in the grantor s favor. Often shortened to reverter. See fee simple determinable under FEE SIMPLE. Cf. REMAINDER (1); REVERSION. "Most treatise•writers define the possibility of reverter as the interest a transferor keeps when he transfers a fee simple determinable or a fee simple conditional. See, e.9., 1 American Law of Property § 4.12; Simes & Smith § 281. Although this definition is all fight as far as it goes, it fails to provide for interests less than the fee simple that are granted on special limitation .... Although we call the possibility of reverter an estate, the courts of an earlier era would probably have called it a possibility of becoming an estate. Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 58 n.5 (2d ed. 1984).

possibility on a possibility See remote possibility.

possibility on a possibility See remote possibility under POSSIBILITY.

possidere (pos-a-dee-ree). [Latin fr. potis "having power" + sedere "to sit"] Hist. To possess (a thing), esp. as a person with an interest protected by law (e.g., an owner or mortgagee) rather than a mere custodian. "A distinction was made in the civil law, and adopted by Bracton, between possidere, (to possess,) and esse in possess/one, (to be in possession.) .... Thus, a guardian, holding in demesne though not in fee, was said to be /n possession, though he did not possess. The same language was applied to a bailiff, ... a domestic, ... a fermor or lessee, ... and a tenant at will from day to day, and from year to year." 2 Alexander M. Burrill, A Law Dictionary and Glossary 314 (2d ed. 1867).

POSSLQ (pahs-al-kyoo). abbr. A person of opposite sex sharing living quarters. Although this term (which is used by the Census Bureau) is intended to include only a person s roommate of the opposite sex to whom the person is not married, the phrase literally includes those who are married. This overbreadth has occasionally been criticized. See cupos. "In the 1980 census, the United States Census Bureau recognizing a societal change with numerous persons living together without being officially married - counted not only persons who were Single and Married, but also Persons of the Opposite Sex Sharing Living Quarters. The acronym is PDSSLQ--- and, of course, is pronounced possle kew. It has been suggested that, although the sou ree was stunningly unlikely, it was the Very Word that society has been looking for to describe these relationships: POSSLQ. Precise, bUSinesslike, nonjudgmental. And, in its own way, sort of poetic. too ...." Fischer v. Dallas Federal Savings and Loan Ass n, 106 F.R.D. 465 (N.D. Tex, 1985).

post 1. To publicize or announce by affixing a notice in a public place <foreclosure notice was posted at the county courthouse>. 2. To transfer (accounting entries) from an original record to a ledger <post debits and credits>. 3. To place in the mail <post a letter>. 4. To make a payment or deposit; to put up <post bail>.

post [Latin]. After. Cf. ANTE.

post audit See AUDIT.

post audit An audit of funds spent on a completed capital project, the purpose being to assess the efficiency with which the funds were spent and to compare expected cash-flow estimates with actual cash flows.

post bail vb. See GIVE BAIL.

post causam cognitam (pohst kaw-zam kog-ni-tam). [Latin]. After investigation. Cf. CAUSA COGNITA.

post contractum debitum (pohst kan-trak-tam deb-i¬tam). [Latin]. After debt has been contracted.

post diem (pohst di-am). [Latin] After the day. A plea of payment post diem is made after the day when the money becomes due.

post disseisina See DE POST DISSEISINA.

post hoc (pohst hok). [Latin fr. post hoc, ergo propter hoc "after this, therefore because of this"]. 1. adv. After this; subsequently. 2. adj. Of or relating to the fallacy of assuming causality from temporal sequence; confusing sequence with consequence.

post litem motam (pohst li-tam moh-tam). [Law Latin] After suit commenced. Depositions held after litigation had begun were formerly sometimes so called.

post meridiem (pohst ma-rid-ee-am). [Latin] After noon. - Abbr. p.m.; PM.

post note A banknote payable at a future time rather than on demand. See time note under NOTE (1).

post prolem suscitatam (pohst proh-lam sas-a-tay-talm). [Law Latin] After issue born.

post tan tum temporis (pohst tan-tam tem-pa-ris). [Latin]. After so long a time.

post terminum (pohst tar-ma-nam). [Law Latin] After term, as a writ returned after the ending of a judicial term.

postal currency A fractional currency bearing a facsimile of postage stamps. The United States Post Office issued these miniature notes in the 19th century until 1876. They were exchangeable for postage stamps, accepted for payments to the government in amounts up to $5, and could be exchanged for federal currency in multiples of $5. They were also used as small change when people hoarded coins during the Civil War. - Also termed postage currency.

postal currency See CURRENCY.

Postal Rate Commission An independent federal agency that recommends changes in postage rates, fees, and mail classifications to the governors of the United States Postal Service. It was created by the Postal Reorganization Act. 39 USCA §§ 3601-04. Abbr. PRC.

post-answer default judgment A judgment for the plaintiff entered after the defendant files an answer, but fails to appear at trial or otherwise provide a defense on the merits.

post-answer default judgment See DEFAULT JUDGMENT.

postconviction-relief proceeding A state or federal procedure for a prisoner to request a court to vacate or correct a conviction or sentence. Also termed postconviction-remedy proceeding; peR action; postconviction proceeding.

postdate To put a date on (an instrument, such as a check) that is later than the actual date. Cf. ANTEDATE; BACKDATE.

postdated check A check that bears a date after the date of its issue and is payable on or after the stated date.

postdated check See CHECK.

postea (poh-stee-a), n. [Latin "afterwards»]. A formal statement, endorsed on the trial record, giving an accou nt of the proceedings at trial; a record of what occurred at nisi prius after the issue had been joined. "With the verdict of the jury [in the 15th-18th centuries] the proceedings at nisi prius closed, and the case was sent back to the court at Westminster from which it issued for judgment, after a statement of the holding of the trial and of the verdict had been added to the record. This statement, from the fact that it began with the Latin word postea, or afterwards, was known as the postea and was in fact drafted by the party in whose favour the verdict had gone, whence the phrase postea to the plaintiff or the defendant, which is found in the old reports." Geoffrey Radcliffe & Geoffrey Cross, The English Legal System 185 (G.J. Hand & D.1- Bentley eds., 6th ed. 1977).

posted water See WATER.

posteriores (pah-steer-ee-or-eez), n. pl. [Latin] Roman law. Descendants in a direct line beyond the sixth degree.

posteriority (pah-steer-ee-or-a-tee). The condition or state of being subsequent. This word was formerly used to describe the relationships existing between a tenant and the two or more lords the tenant held of; the tenant held the older tenancy "by priority" and the more recent one "by posteriority."

posterity 1. Future generations collectively. 2. All the descendants of a person to the furthest generation.

post-expiration-sales theory A theory of lost-profits remedy by which compensation is sought for sales lost after a patent expired, on the basis that infringement gave the competitor a head start on entering the market. Also termed accelerated reentry theory.

postfacto (pohst fak-toh). [Latin] After the fact. See EX POST FACTO.

post-factum (pohst-fak-tam). [Latin]. An after-act; an act done afterwards. - Also termed postfactum.

post-fine See KING S SILVER.

postglossators (pohst-glah-say-tarz), n. pl. (often cap.) A group of mainly Italian jurisconsults who were active during the 14th and 15th centuries writing commentaries and treatises that related Roman law to feudal and Germanic law, canon law, and other contemporary bodies of law. The postglossators constituted the second wave of Roman-law study after its revival in the lith century, the first being that of the glossators. Also termed commentators. See GLOSSATORS.

posthumous (pos-cha-mas), adj. Occurring or existing after death; esp., (of a child) born after the father s death.

posthumous adoption An adoption that becomes legally final after the death of either an adoptive parent or the adopted child . Few states recognize posthumous adoptions; most require all parties to an adoption to be alive at the time the final judgment is rendered.

posthumous adoption See ADOPTION.

posthumous child A child born after a parent's death. Ordinarily, the phrase posthumous child suggests one born after the father's death. But in at least one case, a legally dead pregnant woman was kept on life-support machines until the child could be safely delivered; so it is possible for a mother's posthumous child to be born. Cf. afterborn child.

posthumous child See CHILD.

posthumous work See WORK (2).

posting 1. Accounting. The act of transferring an original entry to a ledger. 2. The act of mailing a letter. 3. A method of substituted service of process by displaying the process in a prominent place (such as the courthouse door) when other forms of service have failed. See SERVICE (1). 4. A publication method, as by displaying municipal ordinances in deSignated localities. 5. The act of proViding legal notice, as by affixing notices of judicial sales at or on the courthouse door. 6. The procedure for processing a check, including one or more of the following steps; (1) verifying any signature, (2) ascertaining that sufficient funds are available, (3) affixing a "paid" or other stamp, (4) entering a charge or entry to a customer s account, and (5) correcting or reversing an entry or erroneous action concerning the check.

post-issue activity Any acts done during a patent s term, induding making, using, or selling a patented invention or process, esp. without authorization.

postjudgment discovery Discovery conducted after judgment has been rendered, usu. to determine the nature of the judgment debtor's assets or to obtain testimony for use in future proceedings. Also termed posttrial discovery.

postjudgment discovery See DISCOVERY.

postliminium (pohst-la-min-ee-am), n. [fr. Latin post "after + limen threshold] 1. Roman & civil law. The reentering of one s residence. 2. Roman & civil law. The doctrine that a restoration of a person s lost rights or status relates back to the time of the original loss or deprivation, esp. in regard to the restoration of the status of a prisoner of war. "[A] person who is taken captive and comes back within the limits of the Empire is correctly described as returning by postliminium. By limen (threshold) we mean the frontier of a house, and the old lawyers applied the word to the frontier of the Roman State; so that the word postliminium conveys the idea of recrossing the frontier. If a prisoner is recovered from a beaten foe he is deemed to have come back by postliminium." R.W. Lee, The Elements of Roman Law 85-86 (4th ed. 1956). 3. The act of invalidating all of an occupying force s illegal acts, and the post-occupation revival of all illegitimately modified legal relations to their former condition, esp. the restoration of property to its rightful owner. - Also termed postliminy; jus postliminii.

postman (pohst-man). A barrister in the Court of Exchequer who had precedence in motions. The postman was so called because of the post he stood next to when making motions. Cf. TUBMAN. "The postman was an experienced member of the junior Bar who had a place in the Court of Exchequer by the post anciently used as a measure of length in excise cases. He had precedence in motions over all other juniors ...." Sir Robert Megarry, A Second Miscellany-at-Law 122 (1973).

postmarital 1. Of, relating to, or occurring after marriage. Cf. PREMARITAL. 2. Of, relating to, or occurring after divorce.

postmark An official mark put by the post office on an item of mail to cancel the stamp and to indicate the place and date of sending or receipt.

postmaster A U.S. Postal Service official responsible for a local branch of the post office. - Abbr. PM.

Postmaster General The head of the U.S. Postal Service.

postmortem adj. Done or occurring after death <a postmortem examination>.

postmortem See AUTOPSY (1).

postnatus (pohst nay-tas). [Latin] A person born after a certain political event that affected the person s political rights; esp., a person born after the Declaration of Independence. Cf. ANTENATUS. PI. postnati.

postnup See POSTNUPTIAL AGREEMENT.

postnuptial (pohst-nap-shal), adj. Made or occurring during marriage <a postnuptial contract>. Cf. PRENUPTIAL.

postnuptial agreement See POSTNUPTIAL AGREEMENT.

postnuptial agreement (pohst-nap-shal). An agreement entered into during marriage to define each spouse s property rights in the event of death or divorce. The term commonly refers to an agreement between spouses during the marriage at a time when separation or divorce is not imminent. When dissolution is intended as the result, it is more properly called a property settlement or marital agreement. Often shortened to postnup. Also termed postnuptial settlement. Cf. PRENUPTIAL AGREEMENT.

postnuptial settlement See POSTNUPTIAL AGREEMENT.

postnuptial will See WILL.

post-obit agreement See BOND (3).

post-obit bond See BOND (3).

post-obit bond An agreement by which a borrower promises to pay to the lender a lump sum (exceeding the amount advanced) upon the death of a person whose property the borrower expects to inherit. Equity traditionally enforces such bonds only if the terms are just and reasonable. Also termed post-obit agreement.

postpone 1. To put off to a later time. 2. To place lower in precedence or importance; esp., to subordinate (a lien) to a later one. 3. Parliamentary law. To temporarily or permanently suppress a main motion. postponement, n.

postpone definitely To delay a main motion s consideration to a specified time or until a specified condition occurs, usu. by the next meeting or to the next meeting as unfinished business. Also termed postpone to a certain time; postpone to a definite time; postpone to a time certain. See TIME CERTAIN.

postpone indefinitely To dispose of a main motion without taking a view on its merits while preventing its further consideration during the same session. This motion s ancient form in the English Parliament was to postpone consideration until "this day six months" (or "three months) - that is, some time beyond the current session, sufficiently remote that the body expected not to consider the matter again. Also termed indefinite postponement.

postpone temporarily See TABLE.

postpone to a certain time See postpone definitely.

postpone to a definite time See postpone definitely.

postpone to a time certain See postpone definitely.

postremogeniture See BOROUGH ENGLISH.

post-terminal sitting A court session held after the normal term.

posttrial discovery See post judgment discovery under DISCOVERY.

posttrial motion See MOTION (1).

posttrial proceeding Action on a case that occurs after the trial is completed.

posttrial proceeding See PROCEEDING.

postulate vb. Eccles. law. To name someone to an ecclesiastical position, subject to approval by a higher authority.

postulatio (pos-cha-Iay-shee-oh). [Latin]. Eccles. law. A petition requesting the naming or transfer of a bishop.

postulatio actionis (pos-cha-Iay-shee-oh ak-shee-oh¬nis). [Latin] Roman law. A request to a magistrate having jurisdiction for permission to bring an action.

potentate (poh-tan-tayt). A ruler who possesses great power or sway; a monarch.

potentia (pa-ten-shee-a). [Latin] Possibility; power.

potentia propinqua (pa-ten-shee-a pra-ping-kwa). [Latin] Common possibility.

potential adj. Capable of coming into being; possible <things having a potential existence may be the subject of mortgage, assignment, or sale>.

potential Pareto superiority See WEALTH MAXIMIZATION.

potentially responsible party Environmental law. A person or entity that may be required to clean up a polluted site because the person or entity (1) owns or operates on the site, (2) arranged for the disposal of a hazardous substance on the site, (3) transported a hazardous substance to the site, or (4) contributed in any other way to contaminate the site. Abbr. PRP. See SUPERFUND.

potestas (pa-tes-tas or -tas), n. [Latin "power"] Roman law. Authority or power, such as the power of a magistrate to enforce the law, or the authority of an owner over a slave.

potestas gladii (pa-tes-tas [or -tas] glad-ee-a). [Latin "the power of the sword"] Roman law. See JUS GLADII.

potestas maritalis (pa-tes-tas [or -tas] mar-a-tay-lis). [Latin]. The marital power In Roman law, this was an institution, one that was decaying by the end of the Republic.

potestative condition (poh-tes-ta-tiv). A condition that will be fulfilled only if the obligated party chooses to do so. Louisiana no longer uses this term, instead providing that this type of condition will render the obligation null. La. Civ. Code art. 1770. Cf. suspensive condition; resolutory condition.

potestative condition See CONDITION (2).

pound 1. A place where impounded property is held until redeemed. 2. A place for the detention of stray animals. 3. A measure of weight equal to 16 avoirdupois ounces or 7,000 grains. 4. The basic monetary unit of the United Kingdom, equal to 100 pence. A pound was worth 20 shillings until decimalization in 1968. Also termed (in sense 4) pound sterling.

pound of land An uncertain quantity ofland, usu. thought to be about 52 acres.

pound sterling See POUND (4).

poundage fee A percentage commission awarded to a sheriff for moneys recovered under judicial process, such as execution or attachment.