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private water See WATER.

private way See WAY.

private wharf See WHARF.

private wrong See WRONG.

private zoning See ZONING.

private-attorney-general doctrine The equitable principle that allows the recovery of attorney s fees to a party who brings a lawsuit that benefits a significant number of people, requires private enforcement, and is important to society as a whole.

privateer (pri-va-teer), n. 1. A vessel owned and operated by private persons, but authorized by a nation on certain conditions to damage the commerce of the enemy by acts of piracy. 2. A sailor on such a vessel.

privateering The practice of arming privately owned merchant ships for the purpose of attacking enemy trading ships. Before the practice was outlawed, governments commissioned privateers by issuing letters of marque to their merchant fleets. Privateering was prohibited by the Declaration of Paris Concerning Naval Warfare of 1856, which has been observed by nearly all nations since that time. privateer, vb.

private-placement adoption See private adoption under ADOPTION.

private-placement adoption See private adoption.

private-use exception An exception to the public-use statutory bar, allowing the inventor to use the invention for personal benefit for more than one year without abandoning patent rights under the statutory bars. - Also termed prior-user right.

privation (pri-vay-shan). 1. The act oftaking away or withdrawing. 2. The condition of being deprived.

privatization (pri-va-ta-zay-shan), The act or process of converting a business or industry from governmental ownership or control to private enterprise. Cf. DENATIONALIZATION (2). privatize, vb.

privatum (pri-vay-tam). [Latin] Private. This term appeared in phrases such as jus privatum ("private law").

privies (priv-eez). See PRIVY.

privigna pri-vig-na), n. [Latin] Roman & civil law. A daughter of one s husband or wife by a previous marriage; a stepdaughter.

privignus (pri-vig-nas). [Latin] Roman & civil law. A son of one s husband or wife by a previous marriage; a stepson.

privilege (bef. 12c) 1. A special legal right, exemption, or immunity granted to a person or class of persons; an exception to a duty. A privilege grants someone the legal freedom to do or not to do a given act. It immunizes conduct that, under ordinary circumstances, would subject the actor to liability.

privilege against adverse spousal testimony See marital privilege (2).

privilege against self-incrimination 1. RIGHT AGAINST SELF-INCRIMINATION. 2. A criminal defendant s right not to be asked any questions by the judge or prosecution unless the defendant chooses to testify. Also termed right not to be questioned. "According to the rule, neither the judge nor the prosecution is entitled at any stage to question the accused unless he chooses to give evidence. This rule may be called the accused s right not to be questioned; in America it is termed the privilege against self•incrimination. The latter expression is more apt as the name for another rule, the privilege of any witness to refuse to answer an incriminating question; this is different from the rule under discussion, which, applying only to persons accused of crime, prevents the question from being asked. The person charged with crime has not merely the liberty to refuse to answer a question incriminating himself; he is freed even from the embarrassment of being asked the question." Glanville Williams, The Proof of Guilt 37-38 (3d ed. 1963).

privilege from arrest See PRIVILEGE (1).

privilege from arrest An exemption from arrest, as that enjoyed by members of Congress during legislative sessions. U.S. Const. art. I, § 6, cl. 1.

privilege of palace The exemption of a dwelling that is used as a royal residence from the execution of legal process within its precincts. The monarch does not have to be in residence at the time but must intend to retain the power to take up personal residence in he dwelling at will. Not all palaces are royal residences; England s Westminster Palace, for example, is occupied by the Parliament of the United Kingdom, not the queen, who relinquished all control of the palace in 1965.

privilege of the assembly See general privilege.

privilege of the floor Parliamentary law. (usu. pl.) The right of entering, passing through, and sitting on the floor during a meeting. See FLOOR (1). "The expression privileges of the floor, sometimes used in legislative bodies or conventions, has nothing to do with having the floor, but means merely that a person is permitted to enter the hall. It carries no right to speak or any other right of membership, except as may be determined by rules or action of the body." Henry M. Robert, Robert s Rules of Order Newly Revised § 3, at 28 n. (1 Oth ed. 2000).

privilege of the house See general privilege.

privilege tax A tax on the privilege of carrying on a business or occupation for which a license or franchise is required.

privilege tax See TAX.

privileged 1. Not subject to the usual rules or liabilities; esp., not subject to disclosure during the course of a lawsuit <a privileged document>. 2. Enjoying or subject to a privilege. See privileged motion under MOTION (2).

privileged communication A communication that is protected by law from compelled disclosure in a legal proceeding, or that cannot be used against the person who made it. - include an informant's communication to a government agency and statements made in a legislative session by a legislator. See PRIVILEGE (3).

privileged communication See COMMUNICATION.

privileged copyhold See COPYHOLD.

privileged copyhold A copyhold subject only to the customs of the manor and not affected by the nonconforming dictates of the current lord.

privileged debt A debt that has priority over other debts if a debtor becomes insolvent; a secured debt.

privileged debt See DEBT.

privileged evidence Evidence that is exempt from production to an opposing party or tribunal (with certain, limited exceptions) because it is covered by one or more statutory or common-law protections, such as the attorney-client privilege. See privileged communication under COMMUNICATION.

privileged evidence See EVIDENCE.

privileged motion See MOTION (2).

privileged question See QUESTION (3).

privileged question A privileged motion that that the chair has stated for a meeting s consideration. See privileged motion under MOTION (2). Cf. question of privilege.

privileged subscription See rights offering under OFFERING.

privileged villeinage See VILLEINAGE.

Privileges and Immunities Clause The constitutional provision (U.S. Const. art. IV, § 2, d. 1) prohibiting a state from favoring its own citizens by discriminating against other states citizens who come within its borders.

Privileges or Immunities Clause The constitutional provision (U.S. Const. amend. XIV, § 1) prohibiting state laws that abridge the privileges or immunities of U.S. citizens. The clause was effectively nullified by the Supreme Court in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873). Cf. DUE PROCESS CLAUSE; EQUAL PROTECTION CLAUSE.

privilegium (priv-a-lee-jee-am), n. [Latin]!. Roman law. A law passed against or in favor of a specific individual. 2. Roman law. A special right, esp. one giving priority to a creditor. 3. CilJillaw. Every right or favor that is granted by the law but is contrary to the usual rule.

privilegium clericale (priv-a-lee-jee-am kler-a-kay-Iee). [Law Latin] See BENEFIT OF CLERGY.

privity (priv-a-tee). 1. The connection or relationship between two parties, each having a legally recognized interest in the same subject matter (such as a transaction, proceeding, or piece of property); mutuality of interest <privity of contract>.

privity of blood 1. Privity between an heir and an ancestor. 2. Privity between coparceners.

privity of contract The relationship between the parties to a contract, allowing them to sue each other but preventing a third party from doing so. The requirement of privity has been relaxed under modern laws and doctrines of implied warranty and strict liability, which allow a third-party beneficiary or other foreseeable user to sue the seller of a defective product. To many students and practitioners of the common law privity of contract became a fetish. As such, it operated to deprive many a claimant of a remedy in cases where according to the mores of the time the claim was just. It has made many learned men believe that a chose in action could not be assigned. Even now, it is gravely asserted that a man cannot be made the debtor of another against his will. But the common law was gradually influenced by equity and by the law merchant, so that by assignment a debtor could become bound to pay a perfect stranger to himself, although until the legislature stepped in, the common-law courts characteristically made use of a fiction and pretended that they were not doing that which they really were doing." William R. Anson, Principles of the Law of Contract 335 (Arthur L. Corbin ed., 3d Am. ed. 1919). "It is an elementary principle of English law - known as the doctrine of Privity of Contract - that contractual rights and duties only affect the parties to a contract, and this principle is the distinguishing feature between the law of contract and the law of property. True proprietary rights are binding on the world in the lawyer s traditional phrase, Contractual rights, on the other hand, are only binding on, and enforceable by, the immediate parties to the contract. But this distinction, fundamental though it be, wears a little thin at times.

privity of estate A mutual or successive relationship to the same right in property, as between grantor and grantee or landlord and tenant. Also termed privity oftitle; privity in estate.

privity of possession Privity between parties in successive possession of real property. The existence of this type of privity is often at issue in adverse-pos¬session claims.

privity of title See privity ofestate.

privy (priv-ee), n. pl. A person haVing a legal interest of privity in any action, matter, or property; a person who is in privity with another. - Traditionally, there were six types of privies: (1) privies in blood, such as an heir and an ancestor; (2) privies in representation, such as an executor and a testator or an administrator and an intestate person; (3) privies in estate, such as grantor and grantee or lessor and lessee; (4) privies in respect to a contract the parties to a contract; (5) privies in respect ofestate and contract, such as a lessor and lessee where the lessee assigns an interest, but the contract between lessor and lessee continues because the lessor does not accept the assignee; and (6) privies in law, such as husband and wife. The term also appears in the context of litigation. In this sense, it includes someone who controls a lawsuit though not a party to it; someone whose interests are represented by a party to the lawsuit; and a successor in interest to anyone having a derivative claim. PI. privies.

Privy Council In Britain, the principal council of the sovereign, composed of the cabinet ministers and other persons chosen by royal appointment to serve as privy councillors. The functions of the Privy Council are now mostly ceremoniaL See JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.

Privy Councillor A member of the Privy Council. -Abbr. P.C.

privy purse The income set apart for the sovereign s personal use.

privy seal 1. A seal used in making out grants or letters patent before they are passed under the great seal. 2. (cap.) LORD PRIVY SEAL.

privy signet The signet or seal used by the sovereign in making out grants and private letters.

privy verdict See VERDICT.

prize 1. Something ofvalue awarded in recognition of a person s achievement. 2. A vessel or cargo captured at sea or seized in port by the forces of a nation at war, and therefore liable to being condemned or appropriated as enemy property.

prize court See COURT.

prize court A court having jurisdiction to adjudicate the captures made at sea in time of war. See PRIZE (2). Cf. COURT OF APPEALS IN CASES OF CAPTURE.

prize fighting Fighting for a reward or prize; esp., professional boxing. "Prize fighting ... was not looked upon with favor by the common law as was a friendly boxing match or wrestling match. On the other hand it was not punishable by the common law unless it was fought in a public place, or for some other reason constituted a breach of the peace." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 480 (3d ed. 1982).

prize goods See GOODS.

prize goods Goods captured at sea during wartime.

prize law The system of laws applicable to the capture of prize at sea, dealing with such matters as the rights of captors and the distribution of the proceeds.

prize money 1. A dividend from the proceeds of a captured vessel, paid to the captors. 2. Money offered asan award.

PRM abbr. BUREAU OF POPULATION, REFUGEES, AND MIGRATION.

PRO abbr. PEER-REVIEW ORGANIZATION.

pro (proh). [Latin]. For.

pro bono (proh boh-noh), adv. & adj. [Latin pro bono publico "for the public good"] (1966) Being or involving uncompensated legal services performed esp. for the public good <took the case pro bono> <50 hours of pro bono work each year>. "The bar in this country has a long-standing tradition of service pro bono publico - legal services for the public good, provided at no cost or a reduced fee. This concept encompasses a wide range of activities, including law reform efforts, participation in bar associations and civic organizations, and individual or group representation. Clients who receive such assistance also span a broad range including: poor people, nonprofit organizations, ideological or political causes, and friends, relatives, or employees of the lawyer." Deborah L. Rhode & Geoffrey C. Hazard, ProfeSSional Responsibility 162 (2002).

pro bono et malo (proh boh-noh et mal-oh). [Latin] For good and ill. See DE BONO ET MALO.

pro bono publico (proh boh-noh pab-li-koh or poo-bli-koh). [Latin]. For the public good. Cf. PRO PRIVATO COMMODO.

pro confesso (proh kan-fes-oh). [Latin] Roman law. As having confessed or admitted liability, as by failing to appear when required. A defendant who failed to answer a bill in equity was often treated pro confesso.

pro consilio impendendo (proh kan-sil-ee-oh im-pen-den-doh). [Law Latin] For counsel to be given. The phrase describes consideration in the form of a commitment to give legal advice in exchange for an annuity.

pro consilio impenso (proh kan-sil-ee-oh im-pen-soh). For counsel given.

pro convicto As convicted.

pro corpore regni (proh kor-pa-ree reg-ni). [Latin] In behalf of the body of the realm.

pro defectu emptorum (proh di-fek-t[y]oo emp-tor-am). [Latin] For want of purchasers.

pro defectu exitus (proh di-fek-t[y]oo eks-a-tas). [Latin] For, or in case of, default of issue.

pro defectu haeredis (proh di-fek-t[y]oo ha-ree-dis). [Latin] For want of an heir.

pro defectu justitiae (proh di-fek-t[y]oo jas-tish-ee-ee). [Latin] For defect or want of justice.

pro defendente (proh def-an-den-tee). [Latin] For the defendant. Abbr. pro. def. Cf. PRO QUERENTE.

pro derelicto (proh der-a-lik-toh). [Latin] As derelict or abandoned. This refers to property subject to usucapio. See USUCAPIO.

pro dignitate regali (proh dig-na-tay-tee ri-gay-li). [Latin] In consideration of the royal dignity.

pro diviso (proh di-vi-zoh). [Latin] As divided; i.e., in severalty.

pro domino (proh dom-a-noh). [Latin] As master or owner; in the character of a master.

pro donatione (proh da-nay-shee-oh-nee). [Latin] Roman & civil law. As a gift; as in case of gift. This is a ground of usucapio. Also written pro donato. See USUCAPIO.

pro dote (proh doh-tee). [Latin] Civil law. As a dowry; by title of dowry. This is a ground of usucapio. See USUCAPIO.

pro emptore (proh emp-tor-ee). [Latin] Civil law. As a purchaser; by the title of a purchaser. See USUCAPIO.

pro et durante For and during.

pro facto (proh fak-toh). [Latin] For the fact; considered or held as fact.

pro falso clamore suo (proh fal-soh [or fawl-soh) kla-mor-ee s[y)oo-oh). [Latin "for his false claim") A nominal amercement of a plaintiff for a false allegation, inserted in a judgment for the defendant.

pro forma (proh for-ma), adj. [Latin "for form"]. 1. Made or done as a formality. 2. (Of an invoice or financial statement) provided in advance to describe items, predict results, or secure approval.

pro forma amendment See AMENDMENT (3).

pro forma amendment An amendment moved solely for the purpose of obtaining the floor and treated as withdrawn once the mover has spoken. The customary pro forma amendment in Congress is a motion "to strike the last word."

pro forma earnings See operating earnings.

pro forma earnings See operating earnings under EARNINGS.

pro forma session See SESSION (1).

pro forma session A legislative session held not to conduct business but only to satisfy a constitutional provision that neither house may adjourn for longer than a certain time (usu. three days) without the other houses consent.