purparty(par-pahr-tee). See PURPART. |
purport(par-port), The idea or meaning that is conveyed or expressed, esp. by a formal document. |
purport(par-port), To profess or claim, esp. falsely; to seem to be <the document purports to be a will, but it is neither signed nor dated>. |
purportedadj. Reputed; rumored. |
purposeAn objective, goal, or end; specif., the business activity that a corporation is chartered to engage in. |
purpose approachSee MISCHIEF RULE. |
purpose dauseAn introductory clause to a statute explaining its background and stating the reasons for its enactment. |
purposefuladj. Done with a specific purpose in mind; deliberate. |
purposive constructionSee CONSTRUCTION. |
purposive construction(par-pa-siv). An interpretation that looks to the "evil" that the statute is trying to correct (i.e., the statute's purpose). Also termed teleological interpretation. See liberal construction. |
purpresture(par-pres-char). An encroachment upon public rights and easements by appropriation to private use of that which belongs to the public. Also spelled pourpresture. |
purprise(par-priz), vb. [Law French). To encroach on land illegally; to make a purpresture. |
purseA sum of money available to the winner of a contest or event; a prize. |
purserA person in charge of accounts and documents on a ship. |
purse-snatchingThe stealing of a handbag or other similar item by seizing or grabbing it from a victim s physical possession and then fleeing, often without harm or threat of harm to the victim. Purse-snatching is usu. a type of larceny. But if the perpetrator uses great force to take the bag or injures or threatens to injure the victim, it may instead be classified as a robbery. Cf. LARCENY; ROBBERY. |
pursuant to1. In compliance with; in accordance with; under <she filed the motion pursuant to the court s order>. 2. As authorized by; under <pursuant to Rule 56, the plaintiff moves for summary judgment>. 3. In carrying out <pursuant to his responsibilities, he ensured that all lights had been turned out>. |
pursuerCivil & Scots law. A plaintiff. |
pursuit1. An occupation or pastime. 2. The act of chasing to overtake or apprehend. See FRESH PURSUIT. |
pursuit of happinessThe principle announced in the Declaration of Independence that a person should be allowed to pursue the person s desires (esp. in regard to an occupation) without unjustified interterence by the government. |
purus idiota(pyoor-as id-ee-oh-ta). [Latin) An absolute or congenital idiot. See IDIOT. |
purview(par-vyoo). 1. Scope; area of application. 2. The body of a statute following the preamble. The word purview appears sometimes to be confined to so much of the body of the statute as would be left by omitting the exceptions, provisos, and savings clauses; and as the word is ambiguous, and not very useful at best, a wise course may be not to use it at all." William M, Ule et aI., Brief Making and the Use of Law Books 336 (3d ed. 1914), |
pusherA person who sells illicit drugs. |
Pushman doctrineThe rule that transfer of an unpublished work transfers the common-law copyright to the work along with the work itself. The name derives from Pushman v. New York Graphic Socy, Inc., 39 N.E.2d (N.Y. 1942). The doctrine was rejected by § 202 of the Copyright Act of 1976, but it remains in effect for transfers completed before the provision effective date ofJanuary 1, 1978. "[A]n outright sale of a material object, such as a book, canvas, or master tape of a musical work, does not transfer copyright. One possible exception to this rule is the Pushman doctrine under which an author or artist who has sold an unpublished work of art or a manuscript is presumed to have transferred his common law copyright, unless the copyright has been specifically reserved." Marshall A. Leaffer, Understanding Copyright Law 211 (3d ed. 1999). |
putSee put option under OPTION. |
put bondA bond that gives the holder the right to redeem it for full value at specified times before maturity. Also termed multimaturity bond; option tender bond. Cf. put option under OPTION. |
put bondSee BOND (3). |
put inTo place in due form before a court; to place among the records of a court. |
put on noticeSee CHARGED WITH NOTICE. |
put optionAn option to sell something (esp. securities) at a fixed price even if the market declines; the right to require another to buy. Often shortened to put. Cf. put bond under BOND (3). |
put optionSee OPTION. |
put outSee EVICT (1). |
put priceSee strike price under PRICE. |
put priceSee strike price. |
put the question(Of the chair) to formally state a question in its final form for the purpose of taking a vote. Cf. STATE THE QUESTION. |
put to the hornScots law. To declare (a person) an outlaw. - Also termed be at the horn. |
putative(Pyoo-ta-tiv), adj. Reputed; believed; supposed. |
putative damagesDamages that are alleged; claimed but unproved damages. |
putative damagesSee DAMAGES. |
putative fatherSee FATHER. |
putative father(pyoo-ta-tiv). The alleged biological father of a child born out of wedlock. |
Putative Fathers ActSee UNIFORM PUTATIVE AND UNKNOWN FATHERS ACT. |
putative marriageSee MARRIAGE (1). |
putative matrimonySee putative marriage under MARRIAGE (1). |
putative spouseSee SPOUSE. |
putative spouseA spouse who believes in good faith that his or her invalid marriage is legally valid. See putative marriage under MARRIAGE (1). |
putative-father registryAn official roster in which an unwed father may claim possible paternity of a child for purposes of receiving notice of a spective adoption of the child. |
putative-spouse doctrineSee putative marriage under MARRIAGE (1). |
puttable(puut-a-bal), adj. (Of a security) capable of being required by the holder to be redeemed by the issuing company. |
putting in fearThe threatening of another person with violence to compel the person to hand over property. These words are part of the common-law definition of robbery. |
putting to the hornScots law. See HORNING. |
PVAabbr. PUBLIC VESSELS ACT. |
PVPAabbr. PLANT VARIETY PROTECTION ACT. |
PWBAabbr. PENSION AND WELFARE BENEFITS ADMINISTRATION. |
pyramid distribution planSee PYRAMID SCHEME. |
pyramid schemeA property-distribution scheme in which a participant pays for the chance to receive compensation for introducing new persons to the scheme, as well as for when those new persons themselves introduce participants. Pyramid schemes are illegal in most states. Also termed endless-chain scheme; chain-referral scheme; multilevel-distribution program; pyramid distribution plan. Cf. PONZI SCHEME. |
pyramidingA speculative method used to finance a large purchase of stock or a controlling interest by pledging an investment s unrealized profit. See LEVERAGE; MARGIN. |
pyramiding inferencesSee INFERENCE-STACKING. |
pyramiding inferences, rule againstEvidence. A rule prohibiting a fact-finder from piling one inference on another to arrive at a conclusion. Today this rule is followed in only a few jurisdictions. Cf. REASONABLE-INFERENCE RULE. |
Qabbr. (l6c) QUESTION (1). This abbreviation is almost always used in deposition and trial transcripts to denote each question asked by the examining lawyer. |
Q.Babbr. QUEEN S BENCH. |
Q.B.Dabbr. BENCH DIVISION. |
Q.Cabbr. QUEEN S COUNSEL. |
Q.SSee quarter session under SESSION (1). |
Q.Tabbr. QUI TAM ACTION. |
q.vabbr. [Latin quod vide]. Which see used in non-Bluebook citations for cross-referencing. PL qq.v. |
Q-and-Aabbr. (1837) QUESTION-AND-ANSWER. |
qcfabbr. QUARE CLAUSUM FREGIT. |
QDabbr. [Latin quasi dicatl (16c) As ifhe should say. |
QDOTabbr. QUALIFIED DOMESTIC TRUST. |
QDRO(kwah-droh). abbr. QUALIFIED DOMESTIC-RELATIONS ORDER. |
QEDabbr. [Latin quod erat demonstranduml Which was to be demonstrated or proved. |
QEFabbr. [Latin quod erat faciendum] Which was to be done. |
QENabbr. [Latin quare executionem non] Whyexecution should not be issued. |
QMCSOabbr. QUALIFIED MEDICAL CHILD- SUPPORT ORDER. |
qnalification1. The possession of qualities or properties (such as fitness or capacity) inherently or legally necessary to make one eligible for a position or office, or to perform a public duty or function <voter qualification requires one to meet residency, age, and registration requirements>. 2. A modification or limitation of terms or language; esp., a restriction of terms that would otherwise be interpreted broadly <the contract contained a qualification requiring the lessor s permission before exercising the right to sublet>. 3. CHARAC¬TERIZATION (1). qualify, vb. |
qnalified residence interestSee INTEREST (3). |
QPRTabbr. QUALIFIED PERSONAL-RESIDENCE TRUST. |
qq.vSee Q.V. |
QSSTabbr. See qualified S-corporation trust under TRUST (3). |
QTIP(kyoo-tip). abbr. QUALIFIED-TERMINABLE-INTEREST PROPERTY. |
QTIP trustSee TRUST. |
qua(kway or kwah). [Latin) In the capacity of; as <the fiduciary, qua fiduciary, is not liable for fraud, but he may be liable as an individual>. |
quacumque via data(kway-kam-kwee vi-a day-ta). [Latin] Whichever way given; whichever way you take it. |
quadragesima(kwah-dra-jes-i-ma), n. [Latin "fortieth"]. 1. Lent so called because it runs about 40 days. 2. The first Sunday in Lent - so called because it is about the fortieth day before Easter. |
quadragesimals(kwah-dra-jes-i-malz), n. pl. [fro Latin quadragesima "the fortieth"]. Offerings made on Mid-Lent Sunday by daughter churches to the mother church. |
quadriennium(kwah-dree-en-ee-am), n. [Latin fr. quatuor "four" + annus "year"] 1. Roman law. The fouryear course of study required of law students before they were qualified to study the Code or collection of imperial constitutions. 2. Scots law. See QUADRIENNIUM UTILE. |
quadriennium utile(kwah-dree-en-ee-am yoo-ta-lee). Scots law. A four-year period after the attainment of majority within which the young adult may seek to annul any contract made while the person was a minor. - Sometimes shortened to quadriennium. |
quadripartiteadj. (Of an indenture, etc.) drawn, diVided, or executed in four parts. |
quadripartiteA book or treatise divided into four parts. |
quadruplator(kwah-droo-pla-tor), n. [Latin] Roman law. An informer who, by law, could institute criminal proceedings and then receive a reward of a fourth part of the thing informed against, usu. relating to frauds on the fiscus. PI. quadruplatores (kwah-dra-pla-tor¬eez). |
quadruplicatio(kwah-dra-pli-kay-shee-oh), n. [fro Latin quadruplicatus "quadrupled"]l. Roman law & civil law. A defendant pleading, following the triplicatio and similar to the rebutter at common law; the third defensive pleading. Also termed uadruplication; (in old Scots law) quadruply. 2. Roman law. A plaintiff pleading, following the triplicatio, the replicatio, and the exceptio. PI. quadruplicationes (kwah-dra-pli-kay-shee-oh-neez). |
quae cadit in virum constantem(kwee kay-dit in vi-ram kan-stan-tam). [Latin]. That which would overcome a man of firmness and resolution. |
quae cadunt in non causam(kwee kay-dant in non kaw¬zam). [Law Latin]. Those things that we lose on the cessation of the title by which we hold them. |
quae est eadem(kwee est ee-ay-dam). [Law Latin]. Which is the same. This phrase was used by a defendant in a trespass action to show that the trespass the defendant was justified in committing was the same as that alleged in the plaintiff s pleading; that is, the plaintiff gave the defendant permission to enter, and so the defendant entered the property. - Formerly also termed que est Ie mesme. |
quae functionem recipiunt(kwee fungk-shee-oh-nam ri-sip-ee-ant). [Law Latin] Hist. Things whose value depends on the class of things to which they belong (e.g., money, corn, etc.) .• The phrase appeared in refer¬ence to fungibles - that is, things that could be generically estimated by quantity or weight. Cf. QUAE NON RECIPIUNT FUNCTIONEM. |
quae non mente sed manu tenentur(kwee non men-tee sed man-yoo ta-nen-tar). [Law Latin "things that are held not by the mind but by hand"]. The natural parental duties arising from affection for one s child, as distinguished from purely legal obligations. |
quae non recipiunt functionem(kwee non ri-sip-ee-ant fungk-shee-oh-nam). [Law Latin]. They that do not supply the place of others. The phrase appeared in reference to goods that are unique, specific, or irreplaceable. Cf. QUAE FUNCTIONEM RECIPIUNT. |
quae perimunt causam(kwee per-a-mant kaw-zam). [Latin]. Pleas (such as peremptory defenses) that take away the basis of an action. |
quae plura(kwee ploor-a). [Law Latin "what more"]. A writ ordering the escheator, when it appeared that not all of a decedent s property had been located, to inquire about any additional lands and tenements the decedent held at the time of death. |
quae sapiunt delictum(kwee say-pee-ant di-lik-tam). [Law Latin]. Things that partake of the character of delict. |