Latin for Lawyers

PRO TEMPORE (PRO TEM)

custody is the detention and sequestering of material witnesses in criminal actions to assure their safety from harm or threats of injury. PRO TEMPORE (PRO TEM) [L. pro + tempus / a division; time, a period of time] For the time being. Temporarily, provisionally. Used to indicate that some office or right is being held temporarily, e.g., “she is serving as chairperson pro tem” , or, “Mr. Clark is dean pro tem.” A position or office held until the person elected or appointed to fill it permanently can assume it. PROTEST [L. pro + testor, testari / to bear witness, testify, to make a will] To make a solemn declaration of disapproval or rejection. To indicate disap proval of or displeasure with some act or condition. In negotiable instru ments, the formal declaration by a notary that an instrument has been presented by him for payment but that payment has been refused. A payment under protest is one made by a person who is dissatisfied and is acting against his will. Taxes may be paid under protest , i.e., the payment is made but the taxpayer reserves her right to contest and litigate liability or the amount owed. Also, a public demonstration to manifest disapproval of some condi tion or position. PROTHONOTARY [L. pro + notarius / a secretary or interpreter; a scribe] In some states, as in Pennsylvania, the title given to a clerk of the court, usu ally the chief clerk. PROVE, PROOF [L. probo , probare / to find good; to judge; to recommend as good; to show or prove] To demonstrate the truth of. To establish the existence of a fact or condition in dispute or contention. To take the steps necessary to establish a theory or idea; to test by experiment. To satisfy a standard for measuring veracity or integrity, as to prove by a preponderance of the evidence or beyond a reason able doubt. PROVISIONAL [L. pro + video, videre / to see; to see ahead, to look forward to, see from a distance] Existing or serving for the time being; temporary. Examples: A provisional government is one exercising temporary authority pending the creation and empowerment of a permanent government. A provisional committee is a committee given limited temporary powers. The courts utilize provisional remedies to protect parties against injury or loss while an action is pending, e.g., temporary injunctions, receivers, attachment, sequestrations, etc.

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