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provident plea A plea that is entered knowingly, intelligently, and consciously, and is legally and factually consistent and accurate. 2. At common law, the defendant s responsive pleading in a civil action. Cf. DECLARATION (7). 3. A factual allegation offered in a case; a pleading. See DEM1JRRER.

province 1. An administrative district into which a country has been divided. 2. A sphere of activity of a profeSSion such as medicine or law.

provincia lis (pra-vin-shee-ay-lis). [Latin] One who has a domicile in a province.

provincial synod A synod composed of clergy from a single province. - Also termed convocation.

provincial synod See SYNOD.

proving the tenor An action to establish the terms of a deed or will that has been lost or destroyed.

provision 1. A clause in a statute, contract, or other legal instrument. 2. A stipulation made beforehand. See PROVISO.

provision of a fine A proclamation made after the conveying ofland by fine, read aloud in court 16 times - four times in the term when the fine was made, and four times in the three succeeding terms.

provisional 1. Temporary <a provisional injunction>. 2. Conditional <a provisional government>.

provisional alimony See temporary alimony.

provisional alimony See temporary alimony under ALIMONY.

provisional application An application that can be filed up to a year before the patent application itself, in order to establish a date for prior art and constructive reduction to practice. The PPA must include a full description of the invention, but claims, drawings and prior-art disclosures are not required. Also termed provisional patent application. - Abbr. PPA.

provisional application See PATENT APPLICATION.

provisional attachment See ATTACHMENT (1).

provisional court See COURT.

provisional court A federal court with jurisdiction and powers governed by the order granting its authority, such as a temporary court established in a conquered or occupied territory.

provisional director A director appointed by a court to serve on a close corporation's deadlocked board of directors.

provisional director See DlRECTOR.

provisional exit Criminal procedure. A prisoner s temporary release from prison for a court appearance, hospital treatment, work detail, or other purpose requiring a release with the expectation of return.

provisional government See GOVERNMENT,

provisional government A government temporarily established to govern until a permanent one is organized to replace it.

provisional injunction See preliminary injunction.

provisional injunction See preliminary injunction under INJUNCTION.

provisional partition A temporary partition, often made before the remainder of the property can be divided. 3. Oil & gas. The division of an undivided mineral interest by voluntary agreement or judicial action. partition, vb. partible, adj.

provisional partition See PARTITION.

provisional patent application See provisional application under PATENT APPLICATION.

provisional remedy See REMEDY,

provisional remedy A temporary remedy awarded before judgment and pending the action s disposition, such as a temporary restraining order, a preliminary injunction, a prejudgment receivership, or an attachment. Such a remedy is intended to maintain the status quo by protecting a person s safety or preserving property.

provisional right. Patents The right to obtain a reasonable royalty for use of a patented invention or process by an infringer with actual notice during the period between the publication ofa patent application and the time a patent is issued. The right is only available if the invention as claimed in the issued patent is substantially identical to the invention as claimed in the published application. 35 USCA § 154.

provisional seizure See ATTACHMENT (1).

provisione hominis (pra-vizh-ee-oh-nee hom-a-nis). [Law Latin]. By an individual s appointment. The phrase referred to heirs that a testator appoints, as distingUished from those who succeed by law.

provisione legis (pra-vizh-ee-oh-nee lee-jis). [Law Latin]. By provision of law. "Heirs who succeed according to the rules of law regulating succession, without the consent or appointment of their ancestor, are said to succeed provisione legis, and are known as heirs-at-Iaw." John Trayner, Trayner s Latin Maxims 494 (4th ed. 1894)

provisione tenus (pra-vizh-ee-oh-nee ten-as). [Law Latin]. To the extent of the provision.

Provisions of Oxford Duri ng the reign of Henry III, a constitution created by the Mad Parliament and forming the King s advisory council that met with a group of barons several times a year to handle the country s affairs and resolve grievances, esp. those resulting from the King s avoidance of his obligations under Magna Carta. The Provisions were effective until the baron uprising in 1263 under Simon de Montfort.

proviso (pra-vi-zoh). 1. A limitation, condition, or stipulation upon whose compliance a legal or formal document s validity or application may depend. 2. In drafting, a provision that begins with the words provided that and supplies a condition, exception, or addition.

provisor 1. A provider of care or sustenance. 2. Eccles. law. A person nominated by the pope to be the next incumbent of a benefice that is vacant or about to become vacant.

provocation 1. The act ofinciting another to do something, esp. to commit a crime. 2. Something (such as words or actions) that affects a person s reason and self-control, esp. causing the person to commit a crime impulsively. - provoke, vb. provocative, adj.

provost marshal A staff officer who supervises a command s military police and advises the commander.

proxenete (prok-sa-neet). [Latin fr. Greek] Roman & civil law. 1. A person who negotiates or arranges the terms of a contract between parties; a broker. 2. [Greek] A person who negotiates a matchmaker. Also termed proxeneta.

proximate (prok-sa-mit), adj. 1. Immediately before or after. 2. Very near or dose in time or space. Cf. IMMEDIATE. proximateness, n.

proximate cause 1. A cause that is legally sufficient to result in liability; an act or omission that is considered in law to result in a consequence, so that liability can be imposed on the actor. 2. A cause that directly produces an event and without which the event would not have occurred. Also termed (in both senses) direct cause; direct and proximate cause; efficient proximate calise; efficient cause; effiCient adequate cause; initial cause;jirst cause; legal cause; procuring cause; producing cause; primary cause;jural cause. Cf. (in sense 2) remote cause. 'The four 'tests' or 'clues' of proximate cause in a criminal case are (1) expediency, (2) isolation, (3) foreseeability and (4) intention." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 823 (3d ed. 1982). "'Proximate cause' in itself an unfortunate term is merely the limitation which the courts have placed upon the actor's responsibility for the consequences of the actor's conduct. In a philosophical sense, the consequences of an act go forward to etern ity, and the causes of an event go back to the dawn of human events, and beyond. But any attempt to impose responsibility upon such a basis would result in infinite liability for all wrongful acts, and would 'set society on edge and fill the courts with endless litigation.' [North v. Johnson, 58 Minn. 242, 59 N.W. 1012 (1894).] As a practical matter, legal responsibility must be limited to those causes which are so closely connected with the result and of such significance that the law isjustified in imposing liability. Some boundary must be set to liability for the consequences of any act, upon the basis of some social idea ofjustice or policy." W. Page Keeton et aI., Prosser and Keeton on Torts § 41, at 264 (5th ed. 1984).

proximate cause See CAUSE (1).

proximate consequence A result following an unbroken sequence from some (esp. negligent) event.

proximate damages Damages directly, immediately, and naturally flowing from the act complained of. Cf. speculative damages (1).

proximate damages See DAMAGES.

proximity The quality or state of being near in time, place, order, or relation.

proximus pubertati (prok-sa-mas pyoo-bar-tay-ti). [Latin] Roman law. Near puberty hence likely to know right from wrong.

proxy 1. One who is authorized to act as a substitute for another; esp., in corporate law, a person who is authorized to vote another s stock shares. Cf. absentee vote under VOTE (1). 2. The grant of authority by which a person is so authorized. 3. The document granting this authority. Also termed (for sense 3 in Roman law) procuratorium.

proxy contest A struggle between two corporate factions to obtain the votes of uncommitted shareholders. A proxy contest usu. occurs when a group of dissident shareholders mounts a battle against the corporation s managers. Also termed proxy fight.

proxy directive A document that appoints a surrogate decision-maker for the declarant s healthcare decisions. Cf. ADVANCE DIRECTIVE; INSTRUCTION DIRECTIVE; LIVING WILL.

proxy marriage See MARRIAGE (3).

proxy solicitation A request that a corporate shareholder authorize another person to cast the shareholder s vote at a corporate meeting.

proxy statement An informational document that accompanies a proxy solicitation and explains a proposed action (such as a merger) by the corporation.

PRP abbr. POTENTIALLY RESPONSIBLE PARTY.

prudent adj. Circumspect or judicious in one s dealings; cautious. prudence, n.

prudent person See REASONABLE PERSON.

prudent-investor rule The principle that a fiduciary must invest in only those securities or portfolios of securities that a reasonable person would blJY. The origin of the prudent-investor rule is Harvard College v. Amory, 26 Mass. 446 (1830). This case stressed two points for a trustee to consider when making investments: probable income and probable safety. The trustee must consider both when making investments. Originally termed the prudent-man rule, the Restatement (Third) of Trusts changed the term to prudent-investor rule. - Also termed prudent-person rule.

prudent-operator standard See REASONABLY-PRUDENTOPERATOR STANDARD.

prudent-person rule See PRUDENT-INVESTOR RULE.

prurient (pruur-ee-ant), adj. Characterized by or arousing inordinate or unusual sexual desire <films appealing to prurient interests>. See OBSCENITY. prurience, n.

PRWORA abbr. PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT.

pseudo-foreign-corporation statute A state law regulating foreign corporations that either derive a specified high percentage of their income from that state or have a high percentage of their stock owned by people living in that state.

pseudograph (soo-da-graf). A false writing; a forgery.

pseudo-guarantee treaty See guarantee treaty under TREATY (1).

pseudonym (sood-a-nim), n. A fictitious name or identity. Cf. ALIAS. pseudonymous (soo-don-a-mas), adj. - pseudonymity (sood¬a-nim-a-tee), n.

pseudonymous work See WORK (2).

pseudopresumption of law See presumption of law.

pseudopresumption of law See presumption of law under PRESUMPTION.

pseudo-stepparent adoption See second-parent adoption under ADOPTION.

pseudo-stepparent adoption See second-parent adoption.

PSI abbr. PRESENTENCE INVESTIGATION REPORT.

psychiatric (si-kee-at-rik), adj. Ofor relating to the study or treatment of mental, emotional, and behavioral disorders by medical doctors trained in the field of psychiatry.

psychiatric examination An analysis performed by a psychiatrist to determine a defendant s mental state. A defendant in a criminal prosecution may undergo a psychiatric examination to determine competence to stand trial or to establish a defense based on some mental condition, such as insanity. Also (more broadly) termed mental examination. See INSANITY DEFENSE; COMPETENCY (2). Cf. competency proceeding under PROCEEDING; SUBSTANTIAL-CAPACITY TEST. cr. INDEPENDENT MENTAL EVALUATION.

psychological abuse See emotional abuse under ABUSE.

psychological abuse See emotional abuse.

psychological fact See FACT.

psychological father See psychological parent under PARENT.

psychological father See psychological parent under PARENT.

psychological mother See psychological parent under PARENT.

psychological parent A person who, on a continuing and regular basis, provides for a child s emotional and physical needs. The psychological parent may be the biological parent, a foster parent, a guardian, a common-law parent, or some other person unrelated to the child.

psychological parent See PARENT.

psychologicalfact A fact that is related to mental state, such as motive or knowledge.

psychopath (si-ka-path), 1. A person with a mental disorder characterized by an extremely antisocial personality that often leads to aggressive, perverted, or criminal behavior. The formal psychiatric term for the mental illness from which a psychopath suffers is antisocial personality disorder. 2. Loosely, a person who is mentally ill or unstable. Also termed sociopath. psychopathy (si-kop-a-thee), n. psychopathic (si-ka-path-ik), adj.

psychotherapist-client privilege See psychotherapist-patient privilege under PRIVILEGE (3).

psychotherapist-patient privilege See PRIVILEGE (3).

psychotherapist-patient privilege A privilege that a person can invoke to prevent the disclosure of a confidential communication made in the course of diagnosis or treatment of a mental or emotional condition by or at the direction of a psychotherapist - The privilege can be overcome under certain conditions, as when the examination is ordered by a court. Also termed psychotherapist-client privilege.

PTA abbr. PATENT-TERM ADJUSTMENT.

PTI See previously taxed income under INCOME.

PTO abbr. Patent and Trademark Office. See UNITED STATES PATENT AND TRADEMARK OFFICE.

PTO Code of Professional Responsibility Disciplinary rules and canons ofethics for practicing before the U.S. Patent and Trademark Office. The Code is found at 37 CFR §§ 10.20-10.112. Often shortened to PTO Code.

PTP See publicly traded partnership under PARTNERSHIP.

Pub 1. abbr. PuBLIC LAW (2).

Pub. L abbr. PuBLIC LAW (2).

puberes (pyoo-ba-reez), n. pl. [Latin] Roman law. Children who have reached puberty, whether or not they have reached the age of majority.

puberty 1. The stage ofphYSical development in which a person takes on secondary sexual characteristics, when it becomes possible to reproduce. In females, the beginning of this stage is marked by the menarche. 2. The earliest age at which one could presumptively consent and to legally enter into a binding marriage. At English common law, children became marriageable at the onset oflegal puberty (age 12 for girls and 14 for boys). At French civil law, a marriage was invalid if contracted before the end oflegal puberty (age 15 for girls and 18 for boys). An underage spouse had the power to void the marriage. - Also termed (in English common law) age of discretion.

public 1. Relating or belonging to an entire community, state, or nation. 2. Open or available for all to use, share, or enjoy. 3. (Of a company) having shares that are available on an open market.

public 1. The people of a nation or community as a whole <a crime against the public>. 2. A place open or visible to the public <in public>.

public improvement An improvement made to property owned by the state or any other political entity, such as a municipality.

Public Access to Court Electronic Records A computer system by which subscribers can obtain online information from the federal courts, including information from a court s docket sheet about the parties, filing, and orders in a specific case. Abbr. PACER.

public accommodation A business that provides lodging, food, entertainment, or other services to the public; esp. (as defined by the Civil Rights Act of 1964), one that affects interstate commerce or is supported by state action.