Latin for Lawyers

L ATIN FOR L AWYERS

PARTY [L. pars / part, portion] A person on one side of a transaction, proceeding or agreement. Anyone involved in a judicial proceeding or law suit, whether as a named litigant or as a person bound by the court’s decision or judgment. A secured party is a party with a security interest in the property of another. An indispensible party is a party whose rights are so critically affected by the outcome of a law suit that the suit cannot proceed without him. A real party in interest is the party whose rights determine or define the transaction or the litigation at issue. Also, a political organization composed of persons with similar ideals and programs formed for the purpose of influencing or controlling social and political policies. PASSIM {L. passus / a step, from; pandere / to stretch out, extend] Here and there, far and wide; in various places. Used to indicate that a cita tion, or a phrase or word, occurs throughout an article or a book. PASSION [L. patior , pati / to suffer, endure] Driven by emotions rather than reason. A violent or undisciplined action. Anger, intense feelings. In criminal law, the word is used either alone or in the phrase heat of passion to indicate a mind controlled by such anger, hatred, bitterness or terror as to be incapable of rational thought or control. PASSIVE [L. pati / to suffer, endure] Lacking in will, lethargic, unresponsive. Avoiding participation in. Without control over a business activity, as in, he took a passive role in the transac tion. Inactive, enduring a burden, submissive. Under the Internal Revenue Code, a passive investment is an investment in an enterprise in which the tax payer does not actively participate, as in a limited partnership. PATENT [L. pateo, patere / to be open, accessible] Open, evident, clear to the perception. A grant of right or privilege extended by a government to one or more individuals. Most commonly, an instrument issued by the central government granting an inventor or innovator the exclu sive right to develop, sell and profit from a new design, product or invention for a period of years. In the U.S., patents are granted by the U.S. Patent and Trademark Office. Also, the instrument by which a government grants title to public lands to an individual. PATENT AMBIGUITY [L. pateo, patere / to lie open, exposed + ambiguus / uncertain, doubtful] An ambiguity which is clear on its face. An ambiguity which is apparent from inspection of a document, usually because of an inconsistency between one

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