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pro gravitate admissi (proh grav-a-tay-tee ad-mis-i). [Latin). According to the gravity of the offense.

pro hac vice (proh hahk vee-chay or hak vi-see also hahk vees). [Latin].; For this occasion or particular purpose. The phrase usu. refers to a lawyer who has not been admitted to practice in a particular jurisdiction but who is admitted there temporarily for the purpose of conducting a particular case. Abbr. p.h. v. See admission pro hac vice under ADMISSION (2). For owner pro hac vice, see demise charter under CHARTER (8).

pro ilia vice (proh il-a vi-see). [Latin] For that turn.

pro indefenso (proh in-da-fen-soh). [Latin] As undefended; as making no defense.

pro indiviso (proh in-da-vi-zoh), adj. [Latin "as undivided"] (Of property) owned or possessed by several persons at the same time, without partition.

pro interesse suo (proh in-tar-es-ee s[y]oo-oh). [Latin] According to his interest; to the extent ofhis interest. A third party. for example, may be allowed to intervene pro interesse suo.

pro laesione fidei (proh lee-zhee-oh-nee fi-dee-i). [Latin] For breach of faith.

pro legato (proh la-gay-toh). [Latin] As a legacy; by the title of a legacy. This is a ground of usucapio. See USUCAPIO.

pro loco et tempore (proh loh-koh et tern-pa-ree). [Latin]. For the place and time.

pro majori cautela (proh ma-jor-i kaw-tee-la). [Latin] For greater caution; by way of additional security. This phrase usu. applies to an act done or to a clause put in an instrument as a precaution.

pro modo admissi (proh moh-doh ad-mis-i). [Latin] Hist. According to the measure of the offense.

pro non adjecto (proh non a-jek-toh). [Latin] Hist. As not added. For example, a nonessential deed provision might be treated pro non adjecto.

pro non scripto (proh non skrip-toh). [Latin] As not written; as though it had not been written. The phrase usu. referred to testamentary conditions that a court would disregard because the conditions were impossible, illegal, or meaningless.

pro omni alio onere (proh om-ni [also -nee] ay-lee-oh on-ar-ee). [Law Latin "for all other burden"]. A portion of a charter clause restricting the vassal s duties to those explicitly named in the charter.

pro opere et labore (proh op-a--ree et la-bor-ee). [Latin] For work and labor.

pro parte (proh pahr-tee). [Latin). Partly; in part.

pro parte legitimus, pro parte illegitimus (proh pahr-tee la-jit-a-mas, proh pahr-tee il-la-jit-a-mas). [Law Latin] Hist. Partly legitimate, partly illegitimate. In Roman and civil law, an illegitimate child could be later legitimated through the marriage of the child s parents. But England did not fully recognize this legitimate status.

pro parte virili (proh pahr-tee va-ri-li). [Latin "for the share per man"] Hist. In equal shares; for one s own proportion.

pro per adv. & adj. See PRO PERSONA.

pro per 1. See PRO SE. 2. See PROPRIA PERSONA.

pro posse suo (proh pos-ee s[y]oo-oh). [Latin] To the extent of one s power or ability.

pro possessore (proh pos-a-sor-ee). [Latin] As a possessor; by title of a possessor; by virtue of possession alone.

pro privato commodo (proh pri-vay-toh kom-a-doh). [Law Latin]. For private convenience. The phrase sometimes appeared in reference to a private road as distingUished from a public highway. Cf. PRO BONO PUBLICO.

pro purtibus liberandis (proh pahr-ti-bas lib-a-ran-dis). [Latin "to free the portions"] Hist. A writ for the partition oflands among coheirs.

pro quantitate haereditatis et temporis (proh kwon-ti¬tay-tee ha-red-i-tay-tis et tem-par-ris). [Law Latin]. According to the extent of the succession.

pro quer abbr. PRO QUERENTE.

pro querente (proh kwa-ren-tee). [Latin] For the plaintiff. In old law reports, the plaintiff s advocate is designated pro querente and the opposing advocate contra. - Abbr. pro quer. Cf. PRO DEFENDENTE.

pro rata (proh ray-ta or rah-ta or ra-ta), adv. Proportionately; according to an exact rate, measure, or interest <the liability will be assessed pro rata between the defendants>. See RATABLE. pro rata, adj.

pro rata clause An insurance-policy provision - usu. contained in the "other insurance" section of the policy that limits the insurer s liability to payment of the portion of the loss that the face amount of the policy bears to the total insurance available on the risk. Also termed pro rata distribution clause. Cf. ESCAPE CLAUSE; EXCESS CLAUSE.

pro rata itineris (proh ray-ta i-tin-a-ris). [Latin] Scots law. For the proportion of the journey. "Where a ship, chartered to convey a cargo to a certain port is prevented from completing the voyage the master of the ship may transship the goods, and thus conveying them to their destination, earn his full freight. But if, when the ship has been prevented from proceeding on her voyage, the freighter himself transships the cargo, the master is entitled to freight pro rata itineris, for the proportion of the voyage which he has accomplished." John Trayner, Trayner s Latin Maxims 486 (4th ed. 1894).

pro re nata (proh ree nay-ta). [Latin "in the light of what has arisen"]. By reason of emergency; arising from exigent circumstances. The phrase appeared, for example, in reference to a meeting called to address an emergency. "So far as may be, the state leaves the rule of right to be declared and constituted by the agreement of those concerned with it. So far as possible, it contents itself with executing the rules which its subjects have made for themselves. And in so doing it acts wisely. For, in the first place, the administration of justice is enabled In this manner to escape in a degree not otherwise attainable the disadvantages inherent in the recognition of rigid principles of law. Such principles we must have: but jf they are established pro re nata by the parties themselves, they will possess a measure of adaptability to individual cases which is unattainable by the more general legislation of the state itself." John Salmond, Jurisprudence 352 (Glanville L. Williams ed., 10th ed. 1947).

pro se (proh say or see), adv. & adj. [Latin]. For oneself; on one s own behalf; without a lawyer <the defendant proceeded pro se> <a pro se defendant>. Also termed pro persona; in propria persona; propria persona; pro per. See PROPRIA PERSONA.

pro se One who represents oneself in a court proceeding without the assistance of a lawyer <the third case on the court s docket involving a pro se>. Also termed pro per; self-represented litigant; (rarely) pro se-er.

pro servitio burgali (proh sar-vish-ee-oh bar-gay-li). [Law Latin]. For burghal service. See BURGAGETENURE (2).

pro socio (proh soh-shee-oh). [Latin) As a partner. This was the name of an action on behalf of a partner.

pro solido (proh sol-a-doh). [Latin] For the whole; without division.

pro tanto (proh tan-toh), adv. & adj. [Latin). To that extent; for so much; as far as it goes <the debt is pro tanto discharged> <a pro tanto payment>.

pro tem abbr. PRO TEMPORE.

pro tempore (proh tem-pa-ree), adv. & adj. [Latin] (ISc) For the time being; appointed to occupy a position temporarily <a judge pro tempore>. - Abbr. pro tem.

pro tribunali (proh trib-ya-nay-li). [Latin]. Before the court.

pro veritate accipitur (proh ver-i-tay-tee ak-sip-a-tar). [Latin]. Is held or received as the truth.

pro. def abbr. PRO DEFENDENTE.

proamita (proh-am-a-ta). [Latin] Roman & civil law. A great-great aunt; the sister of one s great-grandfather.

proamita magna (proh-am-a-ta mag-an). [Latin] Civil law. A great-great-great-aunt.

proavia (proh-ay-veea). [Latin] Roman & civil law. A great-grandmother.

proavunculus (proh-a-vangk-ya-las). [Latin] Civil law. A great-grandmother s brother.

proavus A great-grandfather.

probabilis causa (pra-bay-ba-lis kaw-za). [Latin] Probable cause.

probabilis causa wigandi (pra-bab-a-lis kaw-za lit-i-gan-di). [Law Latin] Scots law. A probable cause of action. A person applying for legal aid has to show a reasonable basis for the proposed legal action.

probable cause 1. Criminal law. A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. Under the Fourth Amendment, probable cause - which amounts to more than a bare suspicion but less than evidence that would justify a conviction must be shown before an arrest warrant or search warrant may be issued. Also termed reasonable cause; sufficient cause; reasonable grounds; reasonable excuse Cf. reasonable suspicion under SUSPICION. "Probable cause may not be established simply by showing that the officer who made the challenged arrest or search subjectively believed he had grounds for his action. As emphasized in Beck v. Ohio [379 U.S. 89, 85 S.Ct. 223 (1964)J: If subjective good faith alone were the test, the protection of the Fourth Amendment would evaporate, and the people would be "secure in their persons, houses, papers, and effects" only in the discretion of the police. The probable cause test, then, is an objective one; for there to be probable cause, the facts must be such as would warrant a belief by a reasonable man." Wayne R. LaFave & Jerold H. Israel. Criminal Procedure § 3.3, at 140 (2d ed.1992). 2. Torts. A reasonable belief in the existence of facts on which a claim is based and in the legal validity of the claim itself.• In this sense, probable cause is usu. assessed as of the time when the claimant brings the claim (as by filing suit). 3. A reasonable basis to support issuance of an administrative warrant based on either (1) specific evidence of an existing violation of administrative rules, or (2) evidence showing that a particular business meets the legislative or administrative standards permitting an inspection of the business premises.

probable cause See PROBABLE CAUSE. 3. A lawsuit; a case <the court has 50 causes on the motion docket>.

probable consequence An effect or result that is more likely than not to follow its supposed cause.

probable evidence See presumptive evidence under EVIDENCE.

probable evidence See presumptive evidence.

probable-cause hearing See shelter hearing.

probable-cause hearing 1. See PRELIMINARY HEARING. 2. See shelter hearing under HEARING.

probable-desistance test Criminal law. A common-law test for the crime of attempt, focusing on whether the defendant has exhibited dangerous behavior indicating a likelihood of committing the crime. See ATTEMPT (2).

probandum (proh-ban-dam), n. A fact to be proved. See fact in issue under FACT. PI. probanda.

probata (proh-bay-ta). [Latin] pl. PROBATUM.

probate (proh-bayt), 1. The judicial procedure by which a testamentary document is established to be a valid will; the proving of a will to the satisfaction of the court. Unless set aside, the probate of a will is conclusive upon the parties to the proceedings (and others who had notice of them) on all questions of testamentary capacity, the absence of fraud or undue influence, and due execution of the will. But probate does not preclude inquiry into the validity of the will s provisions or on their proper construction or legal effect. Also termed proof of will.

probate 1. To admit (a will) to proof. 2. To administer (a decedent s estate). 3. To grant probation to (a criminal); to reduce (a sentence) by means of probation.

probate asset See legal asset under ASSET.

probate asset See legal asset.

probate bond A bond, such as that filed by an executor, required by law to be given during a probate proceeding to ensure faithful performance by the person under bond.

probate bond See BOND (2).

probate code A collection of statutes setting forth the law (substantive and procedural) of decedentsestates and trusts.

probate court See COURT.

probate court A court with the power to declare wills valid or invalid, to oversee the administration of estates and (in some states) to appoint guardians and approve the adoption of minors. Also termed surrogate's court; surrogate court; court of ordinary; ordinary's court; county court; orphan's court (abbr. o.c.). See PROBATE.

probate distribution The judicially supervised apportionment and division - usu. after the payment of debts and charges - of assets of an estate among those legally entitled to share.

probate distribution See DISTRIBUTION.

probate duty A tax assessed by the government either on every will admitted to probate or on the gross value of the decedent's personal property.

probate duty See DUTY (4).

probate estate See PROBATE ESTATE.

probate estate A decedent s property subject to administration by a personal representative. The probate estate comprises property owned by the decedent at the time of death and property acquired by the decedent s estate at or after the time of death. Also termed probate property. See decedent s estate under ESTATE (3).

probate fee See FEE (1).

probate fee Compensation paid with a probate court's approval to an attorney who performs probate-related services to the estate.

probate homestead A homestead created by a probate court from a decedent's estate for the benefit of the decedent's surviving spouse and minor children. Under most statutes providing for the creation of a probate homestead, it is exempt from forced sale for the collection of decedent's debts. The family can remain in the home at least until the youngest child reaches the age of majority. Many states allow the surviving spouse to live in the home for life. In a few states, such as Texas, the right to a probate homestead is constitutional. See family allowance, spousal allowance under ALLOWANCE; HOMESTEAD LAW. Cf. life estate under ESTATE (4).

probate homestead See HOMESTEAD.

probate in common form See PROBATE.

probate in common form Probate granted in the registry, without any formal procedure in court, on the executor s ex parte application. The judgment is subject to being reopened by a party who has not been given notice.

probate in solemn form Probate granted in open court, as a final decree, when all interested parties have been given notice. The judgment is final for all parties who have had notice of the proceeding, unless a later will is discovered.

probate in solemn form See PROBATE.

probate judge A judge having jurisdiction over probate, inheritance, guardianships, and the like. Also termed judge of probate; surrogate; register; registry.

probate judge See JUDGE.

probate jurisdiction Jurisdiction over matters relating to wills, settlement of decedents estates, and (in some states) guardianship and the adoption of minors.

probate jurisdiction See JURISDICTION.

probate law The body of statutes, rules, cases, etc. governing all subjects over which a probate court has jurisdiction.

probate property See PROBATE ESTATE.

probate register See REGISTER.

probate register One who serves as the clerk of a probate court and, in some jurisdictions, as a quasijudicial officer in probating estates.

probatio (pra-bay-shee-oh). [Latin] Roman & civil law. Proof.

probatio mortua (pra-bay-shee-oh mor-choo-a). [Latin] Dead proof; proof by an inanimate object such as a deed or other instrument.

probatio diabolica (pra-bay-shee-oh di-a-bol-i-ka). [Latin "devil s proof"] Civil law. The (usu. difficult) proof of ownership of an immovable thing by tracing its title back to the sovereign.

probatio plena (pra-bay-shee-oh plee-na). [Latin] Civil law. Full proof; proof by two witnesses or a public instrument. - Also termed plena probatio.

probatio plena See PROBATIO.

probatio probata (pra-bay-shee-oh pra-bay-ta). [Law Latin] A proven proof; evidence that could not be contradicted.

probatio prout de jure (proh-bay-shee-oh proh-at dee [or di] joor-ee). [Law Latin] A proof according to any of the legal modes of proof applicable to the circumstance.

probatio semi-plena (pra-bay-shee-oh sem -i-plee-na). [Latin] Civil law. Half-full proof; half-proof; proof by one witness or a private instrument.

probatio semi-plena See PROBATIO.

probatio viva See PROBATIO.