Latin for Lawyers

PROHIBITION

marriage by individuals within certain degrees of consanguinity, e.g., brother and sister. PROHIBITION [L. pro + habare / to have] The act of enjoining or forbidding the commission of some act or activity, such as the sale of alcoholic beverages or of drugs. From 1920 to 1933, the manufacture, sale and distribution of alcoholic beverages was prohibited under the 18th Amendment to the Constitution. Also, a writ or order of a superior court directing an inferior or lower court not to assume or exercise jurisdiction in a matter which is beyond its powers. PROLIXITY [L. prolixus / widely extended, long, broad] Verbosity, long-windedness. Lawyers have a tendency towards prolixity in their pleadings and briefs. Some judges have a commitment to prolixity in their opinions. PROMISE [L. promitto , promittere / to release, send forth; to promise, lead to expect] An agreement to perform some act or to refrain from performing an act. A commitment by one person to another that leads or encourages the latter to Embodying or in the nature of a promise. Conveying or consisting of a prom ise. A promissory note is a written promise to pay a sum certain on a speci fied date, or on demand or sight, to a named payee, or to the holder or bearer of the note. The note is negotiable if the promise is unconditional, the sum is certain, and the payment is on demand or at a time certain to order or to bearer. U.C.C. § 3-104. Promissory estoppel is applied by the law to enforce a promise which the promisor should reasonably expect the promisee to rely and to act upon, and which the promisee does, in fact, reasonably rely and act upon, to his detriment. PROMULGATE [L. promulgo , promulgare / to publish, to make public] To publish, announce or make public. To adopt or announce a new decree or law. To put a new statute or policy into effect. The act of an administrative agency in putting into effect a new regulation or rule. PROPERTY [L. proprius / one’s own, peculiar to one person] The right of ownership. Anything owned or possessed exclusively. All the assets of a person. The law recognizes many different forms and interests in property. Common property is property owned, used or leased by more than one person. Community property is the property held jointly by husband and wife and in which each has an undivided one-half interest (recognized only in expect that the commitment will be carried out or fulfilled. PROMISSORY [L. promitto , promittere / to promise, assure]

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