Prior inconsistent statements: Communications made by a witness before the time he or she takes the stand to testify in an action that contradict subsequent testimony given on the same exact facts. Prior restraint: Government prohibition of speech in advance of publication. Prison: A public building used for the confinement of people convicted of serious crimes. Prisoners’ rights: The nature and extent of the privileges afforded to individuals kept in custody or confinement against their will because they have been convicted of performing an unlawful act. Privacy: In constitutional law, privacy is the right of people to make personal decisions regarding intimate matters; under the common law, it is the right of people to lead their lives in a manner that is reasonably secluded from public scrutiny, whether such scrutiny comes from a neighbor’s prying eyes, an investigator ’s eavesdropping ears, or a news photographer’s intrusive camera; and in statutory law, it is the right of people to be free from unwarranted drug testing and electronic surveillance. Private: That which affects, characterizes, or belongs to an individual person, as opposed to the general public. Private attorney general: A private citizen who commences a lawsuit to enforce a legal right that benefits the community as a whole, such as matters regarding water pollution under the Clean Water Act. Under the Racketeer Influenced and Corrupt Organization Act (RICO), private citizens may similarly bring actions against parties committing wire and mail fraud in their business activity. The Civil Rights Attorneys Fees Awards Act of 1976, more commonly known as “Section 1988,” allows private citizens to act as private attorneys general and to bring proceedings against those who violate civil rights laws. A prevailing plaintiff may collect attorneys fees in matters involving any of several dozen federal statutes that provide for private enforcement. Private bill: Legislatio n that benefits an individual or a locality. Also called “special legislation” or a “private act.” Private international la w: A b ranch of jurisprudence arising from the diverse laws of various nations that applies when private citizens of different countries interact or transact business with one another. Private law: The term also can refer to bills enacted into law for limited applicability, such as particular immigration matters or the extension of the term of particular patents. As matters of statutory law, these bills are relatively rare in the twenty-first century. Private ro ads: A private road is a street or route that is designated by a public authority to accommodate a person or a group of people. Privateer: A privately owned vessel that is commissioned by one power to attack merchant ships from a hostile power. The term also refers to the commander or a crew member of such a vessel. Privilege: A particular benefit, advantage, o r IMMUNITY enjoyed by a person or class of people that is not shared with others. A power of exemption against or beyond the law. It is not a right but, rather, exempts one from the performance of a duty, obligation, or liability. Privileged communication: An exchange of information between two individuals in a confidential relationship. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS PRIVILEGED COMMUNICATION 177 Privileges and immunities: Concepts contained in the U.S. Constitution that place the citizens of each state on an equal basis with citizens of other states in respect to advantages resulting from citizenship in those states and citizenship in the United States. Privity: A close, direct, or successive relationship; having a mutual interest or right. Privy: One who has a direct, successive relationship to another individual; a coparticipant; one who has an interest in a matter; private. Prize: Anything offered as a reward for a contest. It is distinguished from a bet or wager in that it is known before the event who is to give either the premium or the prize, and there is but one operation until the accomplishment of the act, thing, or purpose for which it is offered. In time of war, an enemy vessel or a ship captured at sea by a belligerent power. Prize courts: Tribunals with jurisdiction to decide disputes involving captures made upon the high seas during times of war and to declare the captured property as a “prize” if it is lawfully subject to that sentence. Under federal law, seized aircraft can also be subject to the jurisdiction of these courts. Prize law: During times of war, belligerent states may attempt to interfere with maritime commerce to prevent ships from carrying goods that will aid the war effort of an opponent. After ships are captured and brought to a friendly port, a local tribunal called a PRIZE COURT will determine the legality of the seizure, or the destru ction of the vessel and cargo if the vessel cannot be sailed to a friendly port. The body of customary INTERNATIONAL LAW and treaties that determines the appropriateness of such actions is referred to as prize law. Pro: [Latin, For; in respect of; on acco unt of; in behalf of.] Pro bono: Short for probonopublico[Latin, For the public good ].Thedesignationgiventothe free legal work done by an attorney for indigent clients and religious, charitable, and other nonprofit entities. Pro forma: As a matter of form or for the sake of form. Used to describe accounting, financial, and other statements or conclusions based upon assumed or anticipated facts. Pro hac vice: For this turn; for this one particular occasion. For example, an out-of-state lawyer maybeadmittedtopracticeinalocaljurisdiction for a particular case only. Pro rata: [Latin, Proportionately.] A phrase that describes a division made according to a certain rate, percentage, or share. Pro se: For one’s own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court. Pro tanto: [Latin, For so much; for as much as one is able; as far as it can go.] A term that refers to a partial payment made on a claim. Pro tem: [Latin, For the time being.] An abbreviation used for pro tempore, Latin for “temporary or provisional.” Probable cause: Probably cause refers to a level of reasonable belief which occurs when apparent facts discovered through logical inquiry lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a cause of action has accrued, justifying a civil lawsuit. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 178 PRIVILEGES AND IMMUNITIES DICTIONARY OF LEGAL TERMS Probate: The court process by which a WILL is proved valid or invalid. The legal process wherein the estate of a decedent is administered. Probation: A sentence whereby a convict is released from confinement but is still under court supervision; a testing or a trial period. Probation can be given in lieu of a prison term or can suspend a prison sentence if the convict has consistently demonstrated good behavior. The status of a convicted person who is given some freedom on the condition that for a specified period he or she act in a manner approved by a special officer to whom the person must report. An initial period of employment during which a new, transferred, or promoted employee must show the ability to perform the required duties. Probationer: A convict who is released from prison provided he maintains good behavior. One who is on PROBATION whereby she is given some freedom to reenter society subject to the condition that for a specified period the individual conduct herself in a manner approved by a special officer to whom the probationer must report. Probative: Having the effect of proof, tending to prove, or actually proving. Procedural law : The body of law that prescribes formal steps to be taken in enforcing legal rights. Procedure: The methods by which legal rights are enforced; the specific machinery for carrying on a lawsuit, including process, the pleadings, RULES OF EVIDENCE,andrulesofCIVIL PROCEDURE or CRIMINAL PROCEDURE. Proceeding: A lawsuit; a hearing; all or some part of a cause of action heard and determined by a court, an ADMINISTRATIVE AGENCY, or other judicial authority. Any legal step or action taken at the direction of, or by the authority of, a court or agency; any measures necessary to prosecute or defend an action. Proceeds: The yield, income, money, or anything of value produced from a sale of property or a particular transaction. Process: A series of actions, motions, or occurrences; a method, mode, or operation, whereby a result or effect is produced; normal or actual course of procedure; regular p roceeding, as, the process of vegetation or decomposition; a chemical process; processes of nature. In patent law, an art or method b y which any particular result is p roduced. A definite combination of new or old elements, ingredients, operations, ways, or means to produce a new, improved, or old result, and any substantial change therein by omission, to the same or better result, or by modification or substitution, with different function, to the same or better result, is a new and patentable process. In civil and criminal proceedings, any means used by a court to acquire or exercise its jurisdiction over a person or over specific property. A summons or summons and complaint; sometimes, a writ. Process server: A person authorized by law to deliver papers, typically the complaint, to the defendant. Proclamation: An act that formally declares to the general public that the government has acted in a particular way. A written or printed document issued by a superior government executive, such as the president or governor, which sets out such a declaration by the government. Proctor: A person appointed to manage the affairs of another or to represent another in a judgment. In English law, the name formerly given to practitioners in ecclesiastical and admiralty courts who performed duties similar to those of solicitors in ordinary courts. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS PROCTOR 179 Procure: To cause something to happen; to find and obtain something or someone. Produce: As a noun, the product of natural growth, labor, or capital. Articles produced or grown from or on the soil, or found in the soil. As a verb, to bring forward; to show or exhibit; to bring into view or notice; as, to present a play, including its presentation i n motion pictures. To produce w itnesses or documents at trial in obedience to a subpoena or to be compelled to produce materials subject to discovery rules. To make, originate, or yield, as gasoline. To bring to the surface, as oil. To yield, as revenue. Thus, funds are produced by taxation, not when the tax i s levied, but when the sums are collected. Product liability: Product liability is the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale. Profanity: Irreverence towards sacred things; particularly, an irreverent or blasphemous use of the name of God. Vulgar or coarse lang uage. Professio juris: The right of contracting parties to stipulate in the document the law that will govern their agreement. Professional responsibility: Professional responsibi lity is the obligation of lawyers to adhere to rules of professional conduct. Proffer: To offer or tender, as, the production of a d ocument and offer of the same in evidence. Profit: Most commonly, the gross proceeds of a business transaction less the costs of the transaction; i.e., net proceeds. Excess of revenues over expenses for a transaction; sometimes used synonymously with net income for the period. Gain realized from business or investment over and above expenditures. Accession of good, valuable results, useful consequences, avail, or gain. The benefit, advantage, or pecuniary gain accruing to the owner or occupant of land from its actual use; as in the familiar phrase rents, issues and profits, or in the expression mesne profits Profit a prendre: [French, Right of taking.] The right of persons to share in the land owned by another. Progressive tax: A type of graduated tax that applies higher tax rates as the income of the taxpayer increases. Prohibition: Prohibition is the popular name for the period in U.S. history from 1920 to 1933 when the manufacture and sale of alcoholic beverages—except for medicinal o r religious purposes—were illegal. Prohibition, writ of: An order from a superior court to a lower court or tribunal directing the judge and the parties to cease the litigation because the lower court does not have proper jurisdiction to hear or determine the matters before it. Promise: A written or oral declaration given in exchange for something of value that binds the maker to do, or forbear from, a certain specific act and gives to the person to whom the declaration is made the right to expect and enforce performance or forbearance. An undertaking that something will or will not occur. It is a manifestation of intent to act, or refrain from acting, in a certain manner. In the law of COMMERCIAL PAPER, an undertaking to pay. It must be more than an acknowledgment of an obligation. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 180 PROCURE DICTIONARY OF LEGAL TERMS Promissory estoppel: In the law of contracts, the doctrine that provides that if a party changes his or her position substantially either by acting or forbearing from acting in reliance upon a gratuitous promise, then that party can enforce the promise although the essential elements of a contract are not present. Promissory note: A written, signed, unconditional promise to pay a certain amount of money on demand at a specified time. A written promise to pay money that is often used as a means to borrow funds or take out a loan. Promoter: A person who devises a plan for a business venture; o ne who takes the preliminary steps necessary for the formation of a corporation. Promulgate: To officially announce, to publish, to make known to the public; to formally announce a statute or a decision by a court. Proof: The establishment of a fact by the use of evidence. Anything that can make a person believe that a fact or proposition is true o r false. It is distinguishable from evidence in that proof is a broad term comprehending everything that may be adduced at a trial, whereas evidence is a narrow term describing certain types of proof that can be admitted at trial. Proper: Fit; correct; reasonably sufficient. That which is well adapted or appropriate. Property right: A generic term that refers to any type of right to specific property whether it is personal or real property, tangible or intangible; e.g., a professional athlete has a valuable property right in his or her name, photograph, and image, and such right may be saleable by the athlete. Property settlement: A property settlement is an agreement entered into by a HUSBAND AND WIFE in connection with a DIVORCE that provides for the division of their assets between them. Proponent: One w ho offers or proposes. Propound: To offer or propose. To form, serve, or put forward an item, plan, or idea for discussion and ultimate acceptance or rejection. Proprietary: As a noun, a proprietor or owner; one who has the exclusive title to a thing; one who possesses or holds the title to a thing in his or her own r ight; one who possesses the dominion or ownership of a thing in his or her own right. As an adjective, belonging to ownership; owned by a particular person; belonging or pertaining to a proprietor; relating to a certain owner or proprietor. Prorate: To divide proportionately. To adjust, share, or distribute something or some amount on a pro rata basis. Prorogation: Prolonging or putting off to another day. The discontinuation or termination of a session of the legislature, parliament, or the like. In ENGLISH LAW, a prorogation is the CONTINUANCE of the parliament from one session to another, as an adjournment is a continuation of the session from day to day. In CIVIL LAW, giving time to do a thing beyond the term previously fixed. Prosecute: To follow through; to commence and continue an action or j udicial proceeding to its ultimate conclusion. To proceed against a defendant by charging that person with a crime and bringing him or her to trial. Prosecutor: A prosecutor is one who prosecutes another for a crime in the name of the government. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS PROSECUTOR 181 Prospectus: A document, notice, circular, advertisement, letter, or communication in written form or by radio or television that offers any security for sale, or confirms the sale of any security. Prostitution: Prostitution is the act of offering one’s self for hire to engage in sexual relations. Protective custody: Protective custody is an arrangement whereby a person is safeguarded by law enforcement authorities in a location other than the person’s home because his or her safety is seriously threatened. Protective order: A court order, direction, decree, or command to protect a person from further harassment, SERVICE OF PROCESS,ordiscovery. Protectorate: A form of international guardianship that arises under INTERNATIONAL LAW when a weaker state surrenders b y treaty the management of some or all of its international affairs to a stronger state. Protest: A protest is a formal statement or action expressing dissent or disapproval; under some circumstances, a protest i s lodged to preserve a claim or right that would be waived unless a negative opinion was expressly voiced. Prothonotary: A title given to the principal clerk of a court. Protocol: A brief summary; the minutes of a meeting; the etiquette of diplomacy. Province: The district i nto which a country has been divided, as the province of Ontario in Canada. M ore loosely, a sphere of activity or a profession such as medicine or law. Provisional: Temporary; not permanent. Tentative, contingent, preliminary. Proviso: A condition, stipulation, or limitation inserted in a document. Provocation: Conduct by which one induces another to do a particular deed; the act of inducing rage, anger, or resentment in another person that may cause that person to engage in an illegal act. Proximate cause: An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Proxy: A representative; an agent; a document appointing a representative. Prudent person rule: A standard that requires that a fiduciary entru sted with funds for investment may invest such funds only in SECURITIES that any reasonable individual interested in receiving a good return of income while preserving his or her capital would purchase. Public: As an adjective, open to all; notorious. Open to common use. Belonging to the people at large; relating to or affecting the whole people of a state, nation, or community; not limited or restricted to any particular class of the community. Public administrative bodies: Public administrative bodies are agencies endowed with governmental functions. Public contract: A public contract is an agreement to perform a particular task to benefit the community at large that is financed with government funds. Public defender: An attorney appointed by a court or employed by the government to represent indigent defendants in criminal actions. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 182 PROSPECTUS DICTIONARY OF LEGAL TERMS Public domain: Land that is owned by the United States. In COPYRIGHT law, literary or creative works o ver which the creator no longer has a n exclusive right to restrict, or receive a royalty for, their reproduction or use but which can be freely copied by the public. In general, all works created or registered on or after January 1, 1978, are protected by copyright law for the duration of the author’s life plus 70 years, at which point they will enter the public domain. Public figure: A description applied in LIBEL AND SLANDER actions, as well as in those alleging invasion of privacy, to anyone who has gained a high degree of prominence in the community as a result of his or her name or exploits, whether willingly or unwillingly. However, just who does and does not qualify as a public figure, for these purposes, is op en to argument. Public interest: Anything affecting the rights, health, or finances of the public at large. Public lands: Land that is owned by the United States government. Public law: A general classification of law concerned with the political and sovereign capacity of a state. Public offering: Apublicofferingisanissueofsecurities offered for sale to the public. Public policy: Principles and standards deemed by the legislature or by the courts as being of fundamental concern to the state and society as a whole. Also, a principle that no person or government official can legally perform an act that tends to injure the public. Public utilities: Businesses that provide the public with necessities, such as water, electricity, natural g as, and telephone and telegraph services. Publication: Making something known to the community at large, exhibiting, displaying, disclosing, or revealing. Publish: To circulate, distribute, or print informationforthepublicatlarge. In LIBEL AND SLANDER law, to utter to a third person or to make public a defamatory statement; in COMMERCIAL PAPER law, to present an instrument for payment or declare or assert that a forged instrument is genuine. Publishing law: The body of law relating to the publication of books, magazines, newspapers, electronic m aterials, and other artistic works. Puffing: Anopinionorjudgmentthatisnotmadeasarepresentationoffact. Punishment: Punishment is the imposition of hardship in response to misconduct. Punitive damages: Punitive damages refer to monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. Purchase: To buy; the transfer of property from one person to another by an agreement. Under the UNIFORM COMMERCIAL CODE (UCC), taking by sale, discount, negotiation, mortgage, pledge, lien, issue, reissue, gift, or any voluntary transaction. Purchase money mortgage: A security device entered into when the seller of property, as opposed to a bank or financial institution, advances a sum of money or credit to the purchaser in return for h olding the mortgage on the property. Purchase order: A document authorizing a seller to deliver goods, with payment to be made at a later date. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS PURCHASE ORDER 183 Pure speech: Written and spoken words that fall within the scope of protection provided by the FIRST AMENDMENT to the Constitution. Purge: To exonerate someone; to clear someone of guilt, charges, or accusations. Purport: To convey, imply, or profess; to have an appearance or effect. Pursuant: According to a prescribed method or some authority. To follow after or follow out; to execute or carry out by reason of something. Purview: Thepartofastatuteoralawthatdelineatesitspurposeandscope. Put: An option—a right that operates as a continuing proposal—given in exchange for consideration—something of value—permitting its holder to sell a particular stock or commodity at a fixed price for a stated quantity and within a limited time period. Putative: Alleged; supposed; reputed. Qua: [Latin, Considered as; in the character or capacity of.] For example, “the trustee qua trustee [that is, in his o r her role as trustee] is not liable.” Qualification: A p articular attribute, quality, property, or possession that an individual must have in order to be eligible to fill an office or perform a public duty or function. Qualified acceptance: In contract law, an assent to an offer that is either conditional or partial and alters the offer by changing the time, amount, mode, or place of payment. Quantum meruit: [Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties. Quantum valebant: [Latin, As much as they were worth. ] An archaic form of PLEADING alawsuitto recover payment for goods that have been sold and delivered. Quare: [Latin, Wherefore; for what reason; on what account.] The introductory term used in the Latin form of a number of common-law writs at the beginning of the statement of the reason for the dispute. Quash: To overthrow; to annul; to make void or declare invalid; for example, “quash a subpoena.” Quasi: [Latin, Almost as it were; as if; analogous to.] In the legal sense, the term denotes that one subject has certain characteristics in common with another subject but that intrinsic and material differences exist between them. Quasi contract: An obligation that the law creates in the absence of an agreement between the parties. It is invoked by the courts where UNJUST ENRICHMENT, which occurs when a person retains money or benefits that in all fairness belong to another, would exist without judicial relief. Quasi in rem jurisdiction: Quasi in rem jurisdiction is the power of a court to hear a case and enforce a judgment against a party, even if the party is not personally before the court, solely because the party has an interest in real property or PERSONAL PROPERTY within the geographical limits of the court. Q GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 184 PURE SPEECH DICTIONARY OF LEGAL TERMS Quasi-judicial: Quasi-judicial is the action taken and discretion exercised by public administrative agencies or bodies that are obliged to investigate or ascertain facts and draw conclusions from them as the foundation for official actions. Quasi-legislative: The capacity in which a public administrative agency or body acts when it makes rules and regulations. Question of fact: An issue that involves the resolution of a factual dispute or controversy and is withinthesphereofthedecisionstobemadebyajury. Question of l aw: An issue that is within the province of the judge, as opposed to the jury, because it involves the a pplication or interpretation of legal principles or statutes. Qui tam actions: Qui tam actions are civil actions maintained by private persons on behalf of both themselves and the government to recover damages or to enforce penalties available under a statute prohibiting specified conduct. The term qui tam is short for the Latin qui tam pro domino rege quam pro se ipso in hac parte sequitur, which means “who brings the action for thekingaswellasforhimself.” Quick assets: Personal property that is readily marketable. Quid pro quo: [Latin, Something for something or This for that.] The mutual consideration that passes between two parties to a contractual agreement, thereby rendering the agreement valid and binding. Quiet enjoyment: A COVENANT that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants. Quiet title action: A proceeding to establish an individual’s right to ownership of real property against o ne or more adverse claimants. Quit: To vacate; remove from; surrender possession. Quitclaim deed: An instrument of conveyance of real property that passes any title, claim, or interest that the grantor has in the premises but does not make any representations as to the validity of such title. Quo animo: [Latin, With what intention or motive.] A term sometimes used instead of the word animus, which means design or motive. Quo warranto: A legal proceeding during which an individual’s right to hold an office or governmental privilege is challenged. Quorum: A majority o f an entire body; e.g., a quorum of a legislative assembly. Racial and ethnic discrimination: Acts of bias based on the race or ethnicity of the victim. Racial profiling: The consideration of race, ethnicity, or national origin by an officer of the law in deciding when and how to intervene in an enforcement capacity. R GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS RACIAL PROFILING 185 Racketeering: Traditionally, obtaining or extorting money illegally or carrying on illegal business activities, usually by organized crime. A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engaged in the illegal activity. The latter definition derives from the federal Racketeer Influenced and Corruption Organizations Act (RICO), a set of laws (18 U.S.C.A. § 1961 et seq. [1970]) specifically designed to punish racketeering by business enterprises. Rape: A criminal offense defined in most states as forcible sexual relations with a person against that person’swill. Ratable: That which can be appraised, assessed, or adjusted through the application of a formula or percentage. Rate: Value, measure, or degree; a charge, payment, or price determined through the application of a mathematical formula or based upon a scale or standard. Ratification: The confirmation or adoption of an act that has already been performed. Ratio decidendi: [Latin, The ground or reason of decision.] The legal principle upon which the decision in a specific case is founded. Rational basis t est: A judicial standard of review that examines whether a legislature had a reason abl e and not an ARBITRARY basis for enacting a particular statute. Ravishment: U nlawful carnal physical activity conducted by force and against the v ictim’s will. Re: [Latin, In the matter of; in the case of.] Real: In CIVIL LAW,relatingtoathing (whether movable or immovable), as distinguished from a person. Relating to land, as distinguished fr om PERSONAL PROPERTY.Thistermisappliedtolands, tenements, and hereditaments. Real actions: Lawsuits concerning real property, or land. Under the COMMON LAW, one of three categories of forms of actions, the procedures by which a lawsuit was begun. Real estate: Land, buildings, and things permanently attached to land and buildings. Also called “realty” and “real property.” Real evidence: Probative matter furnished by items that are actually on view, as opposed to a verbal description of them by a witness. Realized: Actual; converted into cash. Reasonable: Suitable;just;proper;ordinary;fair;usual. Reasonable doubt: Reasonable doubt is a standard of proof that must be surpassed to convict an accused in a criminal proceeding. Reasonable force: The amount of force necessary to protect oneself or one’s property. Reasonable force is a term associated with defending one’s person or property from a violent attack, theft, or other type of unlawful aggression. It may be used as a defense in a criminal trial or to defend oneself in a suit alleging tortious conduct. If one uses excessive force, or more than the force necessary for such protection, he or she may be considered to have forfeited the right to defense. Reasonable force i s also known as legal force . GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 186 RACKETEERING DICTIONARY OF LEGAL TERMS . responsibility: Professional responsibi lity is the obligation of lawyers to adhere to rules of professional conduct. Proffer: To offer or tender, as, the production of a d ocument and offer of the same. her prosecution, or that a cause of action has accrued, justifying a civil lawsuit. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 178 PRIVILEGES AND IMMUNITIES DICTIONARY OF LEGAL TERMS Probate: The. liability. Privileged communication: An exchange of information between two individuals in a confidential relationship. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS PRIVILEGED COMMUNICATION