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pound-breach The offense of breaking a pound for the purpose of taking out something that has been impounded.

pour acquit (poor a-kee), n. [French "for acquittance"] French law. The formula that a creditor adds when signing a receipt.

pour appuyer (poor a-poo-yay). [Law French] For the support of; in the support of.

pour autrui (poor oh-troo-ee). [Law French] For others.

pour faire proclaimer (poor fair pra-klay-mar), n. [Law French "for making a proclamation"]. A writ addressed to the mayor or bailiff of a city or town, requiring that official to make a proclamation about some matter, such as a nuisance.

pour out Slang. To deny (a claimant) damages or relief in a lawsuit <the plaintiff was poured out of court by the jury s verdict of no liability>.

pour seisir terres (poor si -zar ter-eez). [Law French "for seizing the lands"]. A writ by which the Crown could seize land that the wife of its deceased tenant, who held in capite, had for her dower if she married without leave.

pourover trust See TRUST.

pourover will See WILL.

pourparler (poor-pahr-lar), vb. [French] To informally discuss before actual negotiating begins. - pourparler, n.

pourparty (poor-pahr-tee). [Law French] See PURPART.

pourpresture (poor-pres-char). [Law French] See PURPRESTURE.

poverty 1. The condition of being indigent; the scarcity of the means of subsistence <war on poverty>. 2. Dearth of something desirable <a poverty of ideas>.

poverty affidavit See AFFIDAVIT.

poverty affidavit An affidavit made by an indigent person seeking public assistance, appointment of counsel, waiver of court fees, or other free public services. 28 USCA § 1915. Also termed pauper's affidavit; in forma pauperis affidavit; IFP affidavit.

POW abbr. PRISONER OF WAR.

Powell doctrine See CORRUPT-MOTIVE DOCTRINE.

power 1. The ability to act or not act; esp., a person s capacity for acting in such a manner as to control someone else s responses. 2. Dominance, control, or influence over another; control over one s subordinates. 3. The legal right or authorization to act or not act; a person s or organization s ability to alter, by an act of will, the rights, duties, liabilities, or other legal relations either of that person or of another. A power is the capacity to change a legal relationship. In this terminology the offeree has, before the contract is made, a power to create a contract by means of acceptance. E. Allan Farnsworth, Contracts § 3.4, at 114 n.3 (3d ed. 1999).

power appendant See appendant power.

power appurtenant See appendant power.

power collateral See power in gross.

power coupled with an interest A power to do some act, conveyed along with an interest in the subject matter of the power. A power coupled with an interest is not held for the benefit of the principal, and it is irrevocable due to the agent s interest in the subject property. For this reason, some authorities assert that it is not a true agency power. Also termed power given as security; proprietary power. See irrevocable power of attorney under POWER OF ATTORNEY. Cf. naked power. "[S]uppose that the principal borrows money from the agent and by way of security authorizes the agent to sell Blackacre if the loan is not repaid and pay himself out of the proceeds. In such case there is no more reason why the prinCipal should be permitted to revoke than if he had formally conveyed or mortgaged Blackacre to the agent. Hence it would be highly unfair to the agent to allow his principal to revoke. The reason why such a case is not properly governed by the considerations usually making an agency revocable is that this is in reality not a case of agency at all. In a normal agency case the power is conferred upon the agent to enable him to do something for the principal while here it is given to him to enable him to do something for himself. Coupled with an interest means that the agent must have a present interest in the property upon which the power is to operate." Harold Gill Reuschlein & William A. Gregory, The Law of Agency and Partnership § 47, at 99 (1990).

power given as security See power coupled with an interest.

power given as security See power coupled with an interest under POWER (3).

power in gross A power held by a donee who has an interest in the assets subject to the power but whose interest cannot be affected by the exercise of the power. An example is a life tenant with a power over the remainder. Also termed power collateral.

power of acceptance An offeree s power to bind an offeror to a contract by accepting the offer.

power of alienation The capacity to sell, transfer, assign, or otherwise dispose of property.

power of appointment A power created or reserved by a person having property subject to disposition, enabling the donee of the power to designate transferees of the property or shares in which it will be received; esp., a power conferred on a donee by will or deed to select and determine one or more recipients of the donor s estate or income. If the power is exercisable before the donee s death, it is exercisable wholly in favor of the donee. If the power is testamentary, it is exercisable wholly in favor of the donee s estate. Often shortened to power. Also termed enabling power.

power of appointment See POWER OF APPOINTMENT.

power of attorney 1. An instrument granting someone authority to act as agent or attorney-in-fact for the grantor. An ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal. Also termed letter of attorney; warrant of attorney. See ATTORNEY (1). 2. The authority so granted; specif., the legal ability to produce a chanze in legal relations by doing whatever acts are authorized. PI. powers of attorney.

power of attorney coupled with an interest See irrevocable power of attorney.

power of attorneyfor healthcare See ADVANCE DIRECTIVE (1).

power of revocation (rev-a-kay-shan). See POWER (3).

power of revocation (rev-a-kay-shan). A power that a person reserves in an instrument (such as a trust) to revoke the legal relationship that the person has created.

power of sale A power granted to sell the property that the power relates to. The power s exercise is often conditioned on the occurrence of a specific event, such as the nonpayment of a debt.

power of sale See POWER (3).

power of termination A future interest retained by a grantor after conveying a fee simple subject to a condition subsequent, so that the grantee s estate terminates (upon breach of the condition) only if the grantor exercises the right to retake it. Also termed right of entry; right ofreentry; right ofentry for breach of condition; right of entry for condition broken. See fee simple subject to a condition subsequent under FEE SIMPLE. Cf. POSSIBILITY OF REVERTER.

power over oneself See CAPACITY (2).

power over oneself See CAPACITY (2).

power over other persons See AUTHORITY (1).

power over other persons See AUTHORITY (1).

power politics An approach to foreign policy that encourages a nation to use its economic and military strength to enlarge its own power as an end in itself; a system in which a country is willing to bring its economic and (esp.) military strength to bear in an effort to increase its own power.

power to inspect The authority of a third party to review a patent application. The power may be given by the applicant or an assignee, often to a potential buyer. It must specify which application the person is authorized to see, and it becomes part of the record of the application. See ACCESS (4), (5).

power-delegating law See LAW OF COMPETENCE.

power-of-appointment trust See TRUST.

power-of-sale clause A provision in a mortgage or deed of trust permitting the mortgagee or trustee to sell the property without court authority if the payments are not made.

power-of-sale foreclosure A foreclosure process by which, according to the mortgage instrument and a state statute, the mortgaged property is sold at a nonjudicial public sale by a public official, the mortgagee, or a trustee, without the stringent notice requirements, procedural burdens, or delays of a judicial foreclosure. Power-of-sale foreclosure is authorized and used in more than half the states. Also termed nonjudicial foreclosure; statutory foreclosure.

power-of-sale foreclosure See FORECLOSURE.

PPA abbr. 1. See provisional application under PATENT APPLICATION. 2. PLANT PATENT ACT.

PPI abbr. POLICY PROOF OF INTEREST.

PPO abbr. 1. PREFERRED-PROVIDER ORGANIZATION. 2. See permanent protective order under PROTECTIVE ORDER.

pposition 1. Patents. An action or procedure by which a third party can request a patent application s refusal or an issued patent s annulment. Most countries allow opposition in some form. 2.Trademarks. A procedure by which a third party can contest a trademark after it has been approved but before it has been placed on the Principal Register. Cf. CANCELLATION.

PR PR. abbr. PUBLIC RELATIONS.

practicable adj. (Of a thing) reasonably capable of being accomplished; feasible.

practicably irrigable acreage Land that is susceptible to prolonged irrigation, at reasonable cost.

practical construction See contemporaneous construction.

practical construction See contemporaneous construction under CONSTRUCTION.

practical finality The situation in which a court order directs immediate delivery of physical property, subjecting the losing party to irreparable harm ifan immediate appeal were not possible. Practical finality provides an exception to the usual rule that interlocutory orders are not appealable. See FINALITY DOCTRINE.

practical interpretation See contemporaneous construction under CONSTRUCTION.

practical interpretation See contemporaneous construction under CONSTRUCTION.

practically avoidable (Of harm) capable of being eliminated in whole or substantial part without incurring prohibitive expense or hardship. 2. Capable of being refrained from <avoidable habits>. 3. Voidable.

practically avoidable See AVOIDABLE.

practice 1. The procedural methods and rules used in a court oflaw <local practice requires that an extra copy of each motion be filed with the clerk>. 2. PRACTICE OF LAW <where is your practice?>.

practice 1. To make and use (a patented invention) <the employer had a shop right to practice the patent, but not to sell it>. 2. To build a physical embodiment of an invention. See REDUCTION TO PRACTICE.

practice act A statute governing practice and procedure in courts. Practice acts are usu. supplemented with court rules such as the Federal Rules of Civil Procedure.

practice book A volume devoted to the procedures in a particular court or category of courts, usu. including court rules, court forms, and practice directions.

practice court 1. See MOOT COURT. 2. (cap.) See BAIL COURT.

practice court 1. MOOT COURT. 2. (cap.) BAIL COURT.

practice goodwill See GOODWILL.

practice guide A written explanation of how to proceed in a particular area oflaw or in a particular court or locality.

practice of law The professional work of a duly licensed lawyer, encompassing a broad range of services such as conducting cases in court, preparing papers necessary to bring about various transactions from conveying land to effecting corporate mergers, preparing legal opinions on various points of law, drafting wills and other estate-planning documents, and advising clients on legal questions. The term also includes activities that comparatively few lawyers engage in but that require legal expertise, such as drafting legislation and court rules. Also termed legal practice. Cf. LAW PRACTICE.

practicks (prak-tiks). Scots law. (usu. pi.) An old collection of notes about points of practice, decisions of the Court of Sessions, statutes, and forms, compiled by members of the court. An example is Balfour s Practicks (1469-1579). A precursor oflaw reports, the notes remain historical legal literature of some authority.

practitioner A person engaged in the practice of a profession, esp. law or medicine.

praebentes causam mortis (pri-ben-teez kaw-zam mor-tis). [Latin]. (Persons) occasioning the cause of death.

praeceptio haereditatis (pri-sep-shee-oh ha-red-i-tay¬tis). [Law Latin] Scots law. A taking of the inheritance in advance. - Also termed lucrative succession. "Praeceptio haereditatis. This is one of the passive titles known in law, which, if incurred by the heir, renders him in some measure liable for his ancestor s debts. It was introduced to prevent an heir from receiving and enjoying, under a gratuitous disposition inter vivos from his ancestor, that heritable estate to which he would be entitled to succeed on the ancestor s death, and of thus avoiding responsibility for his ancestor s debts and other obligations. John Trayner, Trayner s Latin Maxims 466-67 (4th ed. 1894).

praeceptores (pree-sep-tor-eez). [Law Latin "masters"]. The chief clerks of Chancery, responsible for preparing remedial writs.

praecipe (pree-sa-pee or pres-a-pee), n. [Latin "command"]. 1. At common law, a writ ordering a defendant to do some act or to explain why inaction is appropriate. - Also termed writ of praecipe. 2. A written motion or request seeking some court action, esp. a trial setting or an entry of judgment. Also spelled precipe. - praecipe, vb.

praecipe quod reddat (pree-sa-pee or pres-a-pee kwod red-at). [Latin "command that he render"]. A writ directing the defendant to return certain property. An action for common recovery was often begun with this writ. When the writ was brought to recover land, it was termed ingressu. See COMMON RECOVERY. "The praecipe quod reddat was the proper writ when the plaintiff s action was for a specifick thing; as for the recovery of a debt certain, or for the restoration of such a Chattel, or for giving up such a house, or so much land, specifying the nature and quantity of it. By this writ the sheriff was commanded to summon the tenant or defendant to appear at Westminster; at such a day in term." 1 George Crompton, Rules and Cases of Practice in the Courts of King s Bench and Common Pleas xxxix (3d ed. 1787).

praecipitium (pree-sa-pish-ee-am or pres-.a), n. [Latin "headlong fall"] Roman law. The punishment of casting a criminal from the Tarpeian rock.

praecipuum (pri-sip-yoo-am), n. [Latin]. The estate portion that is not subject to rules of division; the part of an estate that one claimant (usu. the eldest heir-portioner) receives to the exclusion of all others.

praeco (pree-koh), n. [Latin] Roman law. A herald or crier.

praedia (pree-dee-a), n. [Latin] The plural of praedium (land; an estate). See PRAEDIUM.

praedia bellica (pree-dee-a bel-a-ka). [Latin] Property seized in war; booty.

praedia stipendiaria (pree-dee-a sti -pen -dee-air-ee-a). [Latin] Provincial lands belonging to the res publicae; the senatorial provinces.

praedia tributaria (pree-dee-a trib-yoo-tair-ee-a). [Latin] Provincial lands belonging to the emperor; the imperial provinces.

praedial (pree-dee-al), adj. See PREDIAL.

praedial tithe See predial tithe under TITHE.

praedictus (pri-dik-tas), adj. [Law Latin]. Aforesaid. In pleading, praedictus usu. referred to a defendant, a town, or lands, idem to a plaintiff, and praefatus to a person other than a party. Cf. PRAEFATUS.

praedium (pree-dee-am), n. [Latin] Roman law. Land; an estate. PI. praedia.

praedium dominans (pree-dee-am dom-a-nanz). [Latin] A dominant estate; an estate benefiting from a servitude. See SERVITUDE. Cf. dominant estate under ESTATE (4).

praedium rusticum (pree-dee-am ras-ti-kam). [Latin] An estate used for agricultural purposes. Cf. rural servitude under SERVITUDE (2).

praedium serviens (pree-dee-am ssar-vee-enz). [Latin] An estate burdened by a servitude; a servient estate. See SERVITUDE. Cf. servient estate under ESTATE (4).

praedium urbanum (pree-dee-am ar-bay-nam). [Latin] An estate used for business or for dwelling; any estate other than a praedium rusticum. See urban servitude (2) under SERVITUDE (2).

praedo (pree-doh), n. [Latin] Roman law. A robber. PI. praedones.

praefatus (pri-fay-tas), adj. [Latin] Aforesaid. Abbr. praefat; p. fat. Cf. PRAEDICTUS.

praefectura (pri-fek-char-a), n. [Latin] Roman law. 1. The office of prefect. 2. A town or territory administered by a prefect.

praefectus urbi (pri-fek-tas ar-bi). [Latin "prefect of the city"] Roman law. A senator charged with keeping law and order in the city of Rome. This duty originated in the early Empire. The praefectus had both criminal and civil jurisdiction; the latter was gradually taken over from the praetor, although the praefectus s civil jurisdiction was always cognitio. - Also termed urban prefect; prefect of the city. "Praefectus urbi. The prefect of the city was originally a mere delegate appointed in case of the temporary absence of the emperor, but the office became a permanency owing to Tiberius continued residence away from Rome in the latter part of his reign, and under subsequent emperors the prefect remained in office even when the emperor was present, His duties included generally the maintenance of order in the city, and he had under his command the urban cohorts, in effect a police force numbering between 4,000 and 6,000 men, He early assumed criminal jurisdiction, and in the end became the chief criminal court not only for Rome but for the district within 100 miles," H,F, Jolowicz, Historical Introduction to the Study of Roman Law 345~46 (1952),

praefectus vigilum (pri~fek-tas vi-jil-am). [Latin "prefect of the watch "] Roman law, An officer, immediately sub-ordinate to the praefectus urbi, with police and fireprevention duties. This officer had the authority to punish offenses relating to the public peace. See PRAEFECTUS URBI.

praefectus villae (pri-fek-tas vil-ee). [Latin]. The mayor of a town.

praefine (pree-fin). See PRIMER FINE.