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property insurance An agreement to indemnify against property damage or destruction. Also termed property-damage insurance.

property insurance See INSURANCE.

property of the debtor Bankruptcy. Property that is owned or (in some instances) possessed by the debtor, including property that is exempted from the bankruptcyestate. 11 USCA § 541(b). - Also termed debtor s property.

property of the estate The debtor s tangible and intangible property interests (including both legal and equitable interests) that fall under the bankruptcy court s jurisdiction because they were owned or held by the debtor when the bankruptcy petition was filed. 11 USCA § 541. Also termed estate s property.

property ratione privilegii (ray-shee-oh-nee priv-i-lee-jee-i). A common-law right, granted by a royal franchise, to take wild animals on another s land. This principle made its way into American law. See, e.g., Hanson v. Fergus Falls Nat l Bank, 65 N.W.2d 857, 862 (Minn. 1954). Cf. PROPERTY RATIONE SOLI. "Property Ratione privilegii is the right which, by a peculiar franchise anciently granted by the Crown in virtue of its prerogative, one man had of killing and taking animals Ferae naturae on the land of another; and in like manner the game, when killed or taken by virtue of the privilege, became the absolute property of the owner of the franchise, just as in the other case it becomes the absolute property of the owner of the soil." Blades v. Higgs, 11 Eng. Rep. 1474, 1479 (H.L. 1865).

property ratione soli (ray-shee-oh-nee soh-li). The common-law right to take wild animals found on one s own land. Cf. PROPERTY RATIONE PRIVILEGII. The exclusive common law right of a landowner to take game on his land, known as property ratione soli has been recognized throughout the history of common law, with one exception: Following the Norman Conquest the King contended that he was lord paramount of the field, possessed of the right to the universal soil and of the exclusive right to take the game, but the irate landowners, vehemently objecting, quickly and decisively recaptured their rights and re-established the common law." Alford v. Finch, 155 So.2d 790, 792 (Fla. 1963).

property right See RIGHT.

property right A right to specific property, whether tangible or intangible.

property settlement 1. A judgment in a divorce case determining the distribution of the marital property between the divorcing parties. A property settlement includes a division of the marital debts as well as assets. Also termed property division; division of property. 2. A contract that divides up the assets of divorcing spouses and is incorporated into a divorce decree. Also termed integrated property settlement; property settlement agreement. Cf. DIVORCE AGREEMENT. 3. MARITAL AGREEMENT.

property settlement agreement See PROPERTY SETTLEMENT (2).

property settlement agreement See PROPERTY SETTLEMENT (2).

property tax A tax levied on the owner of property (esp. real property), usu. based on the propertys value. Local governments often impose property taxes to finance school districts, municipal projects, and the like. Also termed (specif.) land tax. Cf. income tax; EXCISE.

property tax See TAX.

property tort See TORT.

property, law of See LAW OF PROPERTY.

property-damage insurance See property insurance under INSURANCE.

prophylactic (proh-fa-Iak-tik), adj. Formulated to prevent something <a prophylactic rule>. prophylaxis (proh-fa-lak-sis), prophylactic, n.

prophylactic cost See COST (1).

prophylactic cost A party's expenditures to prepare property to withstand or prevent potential future harm. These costs are not related to any existing property damage and are usu. not recoverable under insurance contracts.

propinquity (pra-ping-kwa-tee). The state of being near; specif., kindred or parentage <degrees of propinquity>.

propior sobrina (proh-pee-ar sa-bri-na), n. [Latin] Civil law. The daughter of a great-uncle Of great-aunt, paternal or maternal.

propior sobrino (proh-pee-ar sa-bri-noh), n. [Latin] Civil law. The son of a great-uncle or great-aunt, paternal or maternal.

proponent 1. A person who puts forward a legal instrument for consideration or acceptance; esp., one who offers a will for probate. Also termed propounder. 2. A person who puts forward a proposal; one who argues in favor of something <a proponent of gun control>. 3. Parliamentary law. A member who speaks in favor of a pending motion. Cf. OPPONENT (3).

proportional quorum A quorum calculated with reference to some defined or assumed set, usu. either the number of seats (including vacancies) or the number of sitting members (excluding vacancies).

proportional quorum See QUORUM.

proportional representation 1. An electoral system that allocates legislative seats to each political group in proportion to its popular voting strength. 2. See proportional voting under VOTING. The term refers to two related but distinguishable concepts: proportional outcome (having members ofa group elected in proportion to their numbers in the electorate) and proportional involvement (more precisely termed proportional voting and denoting the electoral system also known as single transferable voting).

proportional tax See flat tax.

proportional tax See flat tax under TAX.

proportional voting See VOTING.

proportionality The principle that the use of force should be in proportion to the threat or grievance provoking the use of force.

proportionality review Criminal law. An appellate court s analysis of whether a death sentence is arbitrary capricious, or excessive by comparing the case in which it was imposed with similar cases in which the death penalty was approved or disapproved.

proportionate-reduction clause See LESSER-INTEREST CLAUSE.

proposal Something offered for consideration or acceptance.

proposed agenda An agenda offered, usu. with the notice calling the meeting that the agenda covers, for a deliberative assembly's consideration. Also termed tentative agenda.

proposed agenda See AGENDA.

proposed regulation See REGULATION.

proposed regulation A draft administrative regulation that is circulated among interested parties for comment. Abbr. prop. reg.

proposition See main motion under MOTION (2).

propositus (proh-poz-a-tas). [Law Latin] Civil law. 1. A person from whom descent is to be traced. 2. The person whose rights or obligations are in issue. Also termed persona proposita. PI. propositi.

propoue (pra-pohn), vb. To put forward for consideration or adjudication <propone a will for probate>.

propound (pra-pownd), 1. To offer for consideration or discussion. 2. To make a proposal. 3. To put forward (a will) as authentic.

propounder An executor or administrator who offers a will or other testamentary document for admission to probate; PROPONENT.

propria persona (proh-pree-a par-soh-na), adj. & adv. [Latin] In his own person; PRO SE. - Sometimes shortened to pro per. Abbr. p.p.

proprietary (pra-pri-ter-ee), adj. 1. Ofor relating to a proprietor <the licensee s proprietary rights>. 2. Of, relating to, or holding as property <the software deSigner sought to protect its proprietary data>.

proprietary act See PROPRIETARY FUNCTION.

proprietary article (of ten pl.) A product manufactured under an exclusive right to sell it 2. A separate and distinct part (as a clause or stipulation) of a writing, esp. in a contract, statute, or constitution <Article III>. 3. (pl.) An instrument containing a set of rules or stipulations <articles of war> <articles of incorporation>. 4. A nonfictional literary composition forming an independent part ofa publication, such as a law review or journal <a well-researched, timely article>. 5. Patents. A workpiece, product, or thing that is operated on, modified, or changed by a machine or process. 6. Patents. An article of manufacture. See MANUFACTURE. 7. Eccles. law. In an ecclesiastical court, one of a plaintiff's complaints or charges against the defendant. The complaint or charge may be presented by oral declaration or by a written document.

proprietary article See ARTICLE.

proprietary capacity The capacity of a city or town when it engages in a business-like venture rather than a governmental function, See PROPRIETARY FUNCTION.

proprietary capacity See CAPACITY (1).

proprietary capital Money that represents the initial investment in a sole proprietorship.

proprietary capital See CAPITAL.

proprietary drug A drug that is prepared and packaged for the public's immediate use. Proprietary drugs may be sold over the counter. Cf. ethical drug.

proprietary drug See DRUG.

proprietary duty A duty owed by a governmental entity while engaged in a proprietary, rather than governmental, activity. 3. A legal relationship arising from a standard of care, the violation of which subjects the actor to liabil ity. Also termed duty of eare. 4. A tax imposed on a commodity or transaction, esp. on imports; IMPOST. A duty in this sense is imposed on things, not persons.

proprietary duty See DUTY (2).

proprietary function A municipality s conduct that is performed for the profit or benefit of the municipality, rather than for the benefit of the general public. Generally, a municipality is not immune from tort liability for proprietary acts. But the distinction between proprietary acts and governmental functions has been abrogated by statute in many states. Also termed proprietary act. Cf. GOVERNMENTAL FUNCTION.

proprietary government See GOVERNMENT.

proprietary government A government granted by the Crown to an individual, in the nature of a feudatory principality, with powers of legislation formerly belonging to the owner ofa county palatine. Cf. COUNTY PALATINE.

proprietary information Information in which the owner has a protectable interest. See TRADE SECRET.

proprietary interest A property right; specif., the interest held by a property owner together with all appurtenant rights, such as a stockholders right to vote the shares.

proprietary interest See INTEREST (2).

proprietary lease See LEASE.

proprietary license See LICENSE.

proprietary name See NAME.

proprietary power See power coupled with an interest under POWER (3).

proprietary power See power coupled with an interest.

proprietary right See RIGHT.

proprietary right A right that is part of a persons estate, assets, or property, as opposed to a right arising from the persons legal status.

proprietary software Software that cannot be used, redistributed. or modified without permission. Proprietary software is usu. sold for profit, consists only of machine-readable code, and carries a limited license that restricts copying, modification, and redistribution. A user may usu. make a backup copy for personal use; but if the software is sold or given away, any backup copies must be passed on to the new user or destroyed. Cf. FREEWARE; SHAREWARE;SEMI-FREE SOFTWARE.

proprietary technology Intellectual property. A body of knowledge or know-how that is owned or controlled by a person whose authorization is required before any other party may use that know-how or knowledge for commercial purposes. See TRADE SECRET.

proprietas (pra-pri-a-tas). [Latin]. Ownership.

proprietas nuda (pra-pri-a-tas n[y]oo-da). Naked ownership; the mere title to property, without the usufruct.

proprietas plena (pra-pri-a-tas plee-n)a. Full owner¬ship, including both the title and the usufruct.

proprietate probanda (pra-pri-a-tay-tee pri-ban-da). See DE PROPRIETATE PROBANDA.

proprietor An owner, esp. one who runs a business. See SOLE PROPRIETORSHIP. - proprietorship, n.

propriety Privately owned possessions; property.

propriis manibus (proh-pree-is man-a-bas). [Latin]. By one s own hands.

proprio jure (proh-pree-oh joor-ee). [Latin]. By one s own property right.

proprio nomine (proh-pree-oh nahm-a-nee). [Latin]t. In one s own name.

proprio vigore (proh-pree-oh vi-gor-ee). [Latin] By its own strength.

proprium negotium (proh-pree-am ni-goh-shee-am). [Latin]. One s own business.

propter (prop-tar). [Latin] For; on account of.

propter affectum (prop-tar a-fek-tam). See challenge propter affectum under CHALLENGE (2).

propter commodum curiae (prop-tar kom-a-dam kyoor-ee-ee). [Law Latin]. For the advantage of the court.

propter curam et culturam (prop-tar kyoor-am et kal-t[y]oor-am). [Latin]. For care and cultivation.

propter defectum (prop-tar da-fek-tam). See challenge propter defectum under CHALLENGE (2).

propter defectum sanguinis (prop-tar da-fek-tam sang-gwi-nis). [Latin] On account of failure of blood.

propter delectum personae (prop-tar-da-lak-tam par-soh-nee). [Law Latin]. On account of the selection of person. For example, a person could not delegate the principal duties of an office when that person had been specifically chosen to perform those duties.

propter delictum (prop-tar da-lik-tam). See challenge propter delictum under CHALLENGE.

propter honoris respectum (prop-tar ha-nor-is ri-spek¬tam). [Latin] On account of respect of honor or rank.

propter impotentiam (prop-tar im-pa-ten-shee-am). [Latin] On account of helplessness. - This was formerly given as a ground for gaining a property interest in a wild animal, based on the animal s inability to escape (as where, for example, a young bird could not fly away).

propter ingratitudinem (prop-tar in-grat-a-t[y]oo-da¬nam). [Latin]. On account of ingratitude. In some instances, a superior could revoke a gift based on the vassal s ingratitude, and a slave-owner could revoke the manumission of a slave.

propter majorem securitatem (prop-tar ma-jor-am si-kyoor-a-tay-tam). [Law Latin]. For greater security.

propter negligentiam haeredis jus suum non prosequentis (prop-tar neg-li-jen-shee-am ha-ree-dis jas s[y]oo-am non prahs-a-kwen-tis). [Law Latin] Hist. On account of the negligence of the heir in not following up the heir s right. If a vassal s heir failed, for a year and a day, to enter the estate, then the heir forfeited the right to the land.

propter privilegium (prop-tar priv-a-lee-jee-am). [Latin] On the account of privilege. This describes a way of acquiring a property interest in a wild animal, based on the claimant s exclusive right to hunt in a particular park or preserve.

propter quodfecerunt per alium (prop-tar kwod fi-see¬rant par ay-lee-am). [Law Latin]. On account of what they have done by another. The phrase usu. referred to an agent s actions.

propter rem ipsam non habitam (prop-tar rem ip-sam non hab-a-tam). [Law Latin]. On account of not having had possession of the thing itself. The phrase appeared in reference to damages suffered by a party who failed to receive a thing for which he had contracted.

prorate (proh-rayt or proh-rayt), To divide, assess, or distribute proportionately <prorate taxes between the buyer and the seller>. proration, n.

prorogated jurisdiction See JURISDICTION.

prorogated jurisdiction Jurisdiction conferred by the express consent of all the parties on a judge who would otherwise be disqualified. Cf. tacit prorogation under PROROGATION.