Latin for Lawyers

L ATIN FOR L AWYERS

the assignor under a contract and his assignee; a testator and his executor; a principal and his agent; a donor and his donee. PRO Before, in front of; for, on the side of; in behalf of; in favor of; according to; in proportion to or as. PROBABLE CAUSE A reasonable belief by a prudent person that some act or event has occurred in a particular way or can be explained in a particular way. A reasonable basis for belief in certain facts or circumstances. Greater evidence for one possibil ity than for another. In a criminal case, a reasonable belief in facts which sup port the conclusion that the defendant has committed the acts charged. Under the U.S. Constitution, probable cause is required for the issuance of any War rant. Amendment IV. Probable cause supplies sufficient grounds for an administrative search of premises, provided the search is conducted under reasonable procedures universally applied. PROBATA [L. probo, probare / to find good; to judge; to test and approve; to recommend] Anything conclusively established. Conclusive proof. PROBATE [L. probare / to recommend, to test and approve] The procedure by which a will is submitted and proven before the court; by extension, the process by which a will is declared valid and the estate is administered by the executor. In the administration of an estate, the collection of assets and interests; the payment of debts and taxes; and the distribution of remaining assets as directed by the will or as determined by the court. The court with jurisdiction over the administration of estates can have one of sev eral names: probate court, orphans’ court, surrogate’s court, etc. PROBATION [L. probare / to approve, to find good; to test] A trial period; a test. The period immediately after employment begins dur ing which a new hire is tested to see if she can perform the duties expected of her. In certain jobs, such as teaching, a period of probation is customary before the employee is given permanent, or tenured, employment. Also, the steps by which a convicted criminal is released from prison to the general community, under the supervision of an officer known as a probation officer, and is given an opportunity to prove that he can function as a law-abiding cit izen. PROBATIVE [L. probare / to approve, prove, test] Serving or tending to prove; substantiating. In the law of evidence, testimony or other proof which points to the truth. Anything which serves to help the

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