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public-service commission See COMMISSION (3).

public-service corporation A corporation whose operations serve a need of the general public, such as public transportation, communications, gas, water, or electricity. This type ofcorporation is usu. subject to extensive governmental regulation.

public-service corporation See CORPORATION.

public-trust doctrine The principle that naVigable waters are preserved for the public use, and that the state is responsible for protecting the public s right to the use.

publicum jus (pab-li-kam jas). [Latin] See JUS PUBLICUM.

public-use bar A statutory bar that prevents the granting of a patent for an invention that was publicly used or sold in the United States more than one year before the application date. 35 USCA § 102(b). The doctrine can be invoked for any public use, any commercial use, any sale or offer of sale, or any private transfer made without a pledge of secrecy. Cf. PRIVATEUSE EXCEPTION. Also termed prior-use bar.

public-use proceeding An investigation into whether a patent is barred because the invention was publicly used or sold more than a year before the application was filed. - Rarely used, this procedure is instituted upon a petition by someone protesting the application. Ifthe petition and supporting documents make out a prima facie case, the examiner will hold a hearing and issue a final decision, which is not reviewable. 37 CFR 1.292. - Abbr. PUP. Cf. PROTEST.

public-welfare offense See OFFENSE (1).

public-welfare offense A minor offense that does not involve moral delinquency and is prohibited only to secure the effective regulation of conduct in the interest of the community. An example is driving a car with one brake-light missing. - Also termed regulatory offense; contravention.

publish 1. To distribute copies (of a work) to the public. 2. To communicate (defamatory words) to someone other than the person defamed. See INTENT TO PUBLISH. 3. To declare (a will) to be the true expression of one s testamentary intent. 4. To make (evidence) available to a jury during trial. See PUBLICATION.

PUC abbr. Public Utilities Commission.

PUD abbr. 1. PLANNED-UNIT DEVELOPMENT. 2. See municipal utility district under DISTRICT.

pudzeld See WOOD-GELD.

pueblo (pweb-loh). [Spanish] A town or village, esp. in the southwestern United States.

puer (Pyoo-ar), n. [Latin] Roman law. 1. A child, esp. a boy. 2. A male slave. PI. pueri (pyoor-i).

puerility (Pyoo-a-ril-a-tee or pyuu-ril-a-tee). Civil law. A child s status between infancy and puberty.

pueritia (Pyoo-a-rish-ee-a), n. [Latinl Roman law. Childhood, esp. up to the age of 17, the minimum age for pleading before a magistrate. Cf. AETAS INFANTIAE PROXIMA; AETAS PUBERTATI PROXIMA.

puffer See BY-BIDDER.

puffing 1. The expression of an exaggerated opmlOn as opposed to a factual misrepresentation with the intent to sell a good or service. Puffing involves expressing opinions, not asserting something as a fact. Although there is some leeway in puffing goods, a seller may not misrepresent them or say that they have attributes that they do not possess. Also termed puffery; sales puffery; dealer s talk. Dealer s puffing, so long as it remains in the realm of opinion or belief, will not support a conviction of false pretenses however extravagant the statements." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 369 (3d ed. 1982). 2. Secret bidding at an auction by or on behalf of a seller; BY BIDDING.

Pugh clause Oil & gas. A provision in an oil-and-gas lease modifying the effect of most lease-pooling clauses by severing pooled portions of the lease from unpooled portions of the lease. Drilling or production on a pooled portion will not maintain the lease for the unpooled portions. The clause is named for Lawrence G. Pugh, an attorney from Cowley, Louisiana, who drafted the first version in 1947. In Texas it is termed a Freestone rider. See POOLING.

PUHCA abbr. PUBLIC UTILITY HOLDING COMPANY ACT.

puis (pwis or pwee). [Frenchl Afterwards; since.

puis darrein continuance (pwis dar-ayn kan-tin-yoo-ants). [Law French "since the last continuance"] See plea puis darrein continuance under PLEA (3).

puisne (pyoo-nee), adj. [Law French]. Junior in rank; subordinate.

puisne mortgage See junior mortgage under MORTGAGE.

puisne judge (pyoo-nee). [Law French puisne "later born"] 1. A junior judge; a judge without distinction or title. This was the title formerly used in English common-law courts for a judge other than the chief judge. Today puisne judge refers to any judge of the English High Court, apart from the Chief Justice. 2. See associate judge.

puisne judge See JUDGE.

Pullman abstention See ABSTENTION.

Pullman abstention A federal court's decision to abstain so that state courts will have an opportunity to settle an underlying state-law question whose resolution may avert the need to decide a federal constitutional question. Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643 (1941).

pulsare (pal-sair-ee), vb. [Latin] Civil law. To accuse or charge; to proceed against at law.

pulsator (pal-say-tar). Civil law. A plaintiff or actor.

pumping unit Oil & gas. Equipment used to pump oil to the surface when the pressure difference between the formation and the borehole is not strong enough to cause oil to rise to the surface. Also termed pumpjack; horsehead.

pumpjack See PUMPING UNIT.

punctum temporis (pangk-tm tem-pa-ris). [Latin] A point of time; an instant.

punies (pyoo-neez). Slang. Punitive damages. See punitive damages under DAMAGES.

punishable 1. (Of a person) subject to a punishment <there is no dispute that Jackson remains punishable for these offenses>. 2. (Of a crime or tort) giving rise to a specified punishment <a felony punishable by imprisonment for up to 20 years>. punishability, n.

punishment 1. A sanction - such as a fine, penalty, confinement, or loss ofproperty, right, or privilege - assessed against a person who has violated the law. See SENTENCE. Punishment in all its forms is a loss of rights or advantages consequent on a breach of law. When it loses this quality it degenerates into an arbitrary act of Violence that can produce nothing but bad social effects." Glanville Williams, Criminal Law 575 (2d ed. 1961). "In the treatment of offenders there is a clear and unmis takable line of division between the function of the judge and that of the penologist. I should modify that: the law is clear only if it is first made clear in what sense the word treatment is being used. For in this context the word can be used in two senses, one wide and the other narrow. Let me take the wide meaning first. The object of a sentence is to impose punishment. For punishment, a word which to many connotes nothing but retribution, the softer word treatment is now frequently substituted; this is the wider meaning. The substitution is made, I suppose, partly as a concession to the school which holds that crime is caused by mental Sickness, but more justifiably as a reminder that there are other methods of dealing with criminal tendencies besides making the consequences of crime unpleasant." Patrick Devlin, The Judge 32-33 (1979).

punitive adj. Involving or int1icting punishment. Also termed punitory.

punitive articles Articles 77-134 of the lIniform Code of Military Justice. These articles list the crimes in the military-justice system.

punitive damages See DAMAGES.

punitive damages Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specif., damages assessed by way of penalizing the wrongdoer or making an example to others. Punitive damages, which are intended to punish and thereby deter blameworthy conduct, are generally not recoverable for breach of contract. The Supreme Court has held that three guidelines help determine whether a punitive-damages award violates constitutional due process: (1) the reprehensibility of the conduct being punished; (2) the reasonableness of the relationship between the harm and the award; and (3) the differ ence between the award and the civil penalties authorized in comparable cases. BMW ofNorth America, Inc. v. Gore, 517 U.S. 559, 116 S.Ct. 1589 (1996). Also termed exemplary damages; vindictive damages; punitory damages; presumptive damages; added damages; aggravated damages; speculative damages; imaginary damages; smart money; punies. "Although compensatory damages and punitive damages are typically awarded at the same time by the same decisionmaker, they serve distinct purposes. The former are intended to redress the concrete loss that the plaintiff has suffered by reason of the defendant's wrongful conduct. The latter, which have been described as 'quasi-criminal,' operate as 'private fines' intended to punish the defendant and to deter future wrongdoing. A jury's assessment of the extent of a plaintiff's injuries is essentially a factual determination, whereas its imposition of punitive damages is an expression of its moral condemnation" Cooper Indus. v. Leatherman Tool, S32 U.S. 424, 432,121 S.Ct. 1678, 1683 (2001) (per Stephens, J).

punitive isolation See punitive segregation under SEGREGATION (1).

punitive segregation The act of removing a prisoner from the prison population for placement in separate or solitary confinement, usu. for disciplinary reasons. - Also termed punitive isolation. 2. The unconstitutional policy of separating people on the basis of color, nationality, religion, or the like. - segregate, vb. - segregative, adj.

punitive segregation See SEGREGATION.

punitive statute See penal statute under STATUTE.

punitive statute See penal statute.

punitory See PUNITIVE.

punitory damages See punitive damages under DAMAGES.

PUP abbr. See PUBLIC-USE PROCEEDING.

pupil Scots & civil law. A person who has not reached or completed puberty. See MINORITY (1).

pupillarity (pyoo-pi-lair-a-tee). Scots & Civil law. The stage of a person s life that spans from infancy through puberty.

pupillary substitution (Pyoo-pa-ler-ee). See SUBSTITUTION (5).

pupillus (pyoo-pil-as), n. [Latin] Roman law. A child under the age of puberty and under the authority of a sui juris tutor. See TUTELA.

pur (par or poor). [Law French] By; for.

pur autre vie (par oh-tra [or oh-tar] vee). [Law French "for another s life"] For or during a period measured by another s life <a life estate pur autre vie>. Also spelled per autre vie.

pur tant que (par tant kyoo or poor tahn ka). [Law French] Forasmuch as; because; for the purpose of.

purchase 1. The act or an instance of buying. 2. The acquisition of real property by one s own or another s act (as by will or gift) rather than by descent or inheritance. [Cases: Vendor and Purchaser Cf. DESCENT (1). - purchase, vb.

purchase accounting method See ACCOUNTING METHOD.

purchase accounting method A method ofaccounting for mergers whereby the total value paid or exchanged for the acquired firm's assets is recorded on the acquiring firm's books, and any difference between the fair market value of the assets acquired and the purchase is recorded as goodwill.

purchase agreement A sales contract. Cf. REPURCHASE AGREEMENT.

purchase money The initial payment made on property secured by a mortgage.

purchase order A document authorizing a seller to deliver goods with payment to be made later. Abbr. P.O.

purchase, words of See WORDS OF PURCHASE.

purchase-money interest See purchase-money security interest under SECURITY INTEREST.

purchase-money mortgage See MORTGAGE.

purchase-money resulting trust See TRUST.

purchase-money security interest A security interest that is created when a buyer uses the lenders money to make the purchase and immediately gives the lender security by using the purchased property as collateral (UeC § 9-107); a security interest that is either (1) taken or retained by the seller of the collateral to secure all or part of its price or (2) taken by a person who by making advances or incurring an obligation gives value to enable the debtor to acquire rights in or the use of collateral if that value is in fact so used. If a buyers purchase ofa boat, for example, is financed by a bank that loans the amount of the purchase price, the banks security interest in the boat that secures the loan is a purchase-money security interest. Abbr. PMSI. - Also termed purchasemoney interest.

purchase-money security interest See SECURITY INTEREST.

purchaser 1. One who obtains property for money or other valuable consideration; a buyer.

purchaser for value A purchaser who pays consideration for the property bought.

purchaser in good faith See bona fide purchaser.

purchaser pendente lite One who buys an interest in something that is the subject of a pending lawsuit. 2. One who acquires real property by means other than descent, gift, or inheritance.

pure acddent See unavoidable accident under ACCIDENT.

pure annuity See nonrefund annuity.

pure annuity See nonrefund annuity under ANNUITY.

pure debt See pure obligation under OBLIGATION.

pure debt See pure obligation under OBLIGATION.

pure easement See easement appurtenant under EASEMENT.

pure easement See easement appurtenant.

pure freezeout A transaction in which company insiders or employees acquire all the public shares of the company, often with the help of lenders. Also termed management buyout. See management buyout under BUYOUT.

pure freezeout See FREEZEOUT.

pure mark See technical trademark under TRADEMARK.

pure obligation An absolute obligation already due and immediately enforceable. Also termed pure debt.

pure obligation See OBLIGATION.

pure plea See PLEA (3).

pure plea An equitable plea that affirmatively alleges new matters that are outside the bill. If proved, the effect is to end the controversy by dismissing, delaying, or barring the suit. A pure plea must track the allegations of the bill, not evade it or mistake its purpose. Originally, this was the only plea known in equity. Also termed affirmative plea. Cf. anomalous plea.

pure race statute See RACE STATUTE.

pure risk A risk that can only result in a loss. Insurance protects only against pure risks. Cf. speculative risk.

pure risk See RISK.

pure speech Words or conduct limited in form to what is necessary to convey the idea. This type of speech is given the greatest constitutional protection. Cf. commercial speech; symbolic speech.

pure speech See SPEECH.

pure theory The philosophy of Hans Kelsen, in which he contends that a legal system must be "pure" that is, self-supporting and not dependent on extralegal values. - Kelsen s theory, set out in such works as General Theory ofLaw and the State (1945) and The Pure Theory ofLaw (1934), maintains that laws are norms handed down by the state. Laws are not defined in terms of history, ethics, sociology, or other external factors. Rather, a legal system is an interconnected system of norms, in which coercive techniques are used to secure compliance. The validity of each law, or legal norm, is traced to another legal norm. Ultimately, all laws must find their validity in the society s basic norm (grundnorm), which may be as simple as the concept that the constitution was validly enacted. See basic norm under NORM.

pure trademark See technical trademark under TRADEMARK.

pure villeinage See VILtEINAGE.

pure-comparative-negligence doctrine The principle that liability for negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party and that a plaintiff s percentage of fault reduces the amount of recoverable damages but does not bar recovery. See comparative negligence under NEGLIGENCE; APPORTIONMENT OF LIABILITY. Cf. 50-PERCENT RULE.

purgation (par-gay-shan). Hist. The act of cleansing or exonerating oneself of a crime or accusation by an oath or ordeal.

purgatory oath See OATH.

purgatory oath An oath taken to clear oneself of a charge or suspicion. Also termed oath purgatory.

purge To exonerate (oneself or another) of guilt <the judge purged the defendant of contempt>.

purpart (par-pahrt). A share of an estate formerly held in common; a part in a division; an allotment from an estate to a coparcener. Formerly also termed purparty; perparts; pourparty.