Process

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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 proceeding, as, the process of vegetation or decomposition; a chemical process; processes of nature.

In patent law, an art or method by which any particular result is produced. 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.

Cross-references

Service of Process.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

process

n. in law, the legal means by which a person is required to appear in court or a defendant is given notice of a legal action against him/her/it. When a complaint in a lawsuit is filed, it must be served on each defendant together with a summons issued by the clerk of the court, stating the amount of time (say, 30 days) in which the defendant has to file an answer or other legal pleading with the clerk of the court and sent to the plaintiff. A subpena is a similar to a summons but is a notice to a witness to appear at a deposition (testimony taken outside court), or at a trial. A subpena duces tecum is an order to deliver documents or other evidence either into court or to the attorney for a party to a lawsuit or criminal prosecution. An order to show cause is a court order to appear in court and give a reason why the court should not issue an order (such as paying temporary child support). The summons, complaint, subpena, subpena duces tecum and order to show cause must all be "served" on the defendant or person required to appear or produce, and this is called "service of process." Service of process is usually made by an officer of the court such as a deputy sheriff or marshal, or a professional process server, but can be performed by others in most jurisdictions. (See: summons, subpena, order to show cause, process server, service of process)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

PROCESS, practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 1 Paine, R. 368 Bouv. Inst. Index, h.t.
     2. In the English law, process in civil causes is called original process, when it is founded upon the original writ; and also to distinguish it from mesne or intermediate process, which issues pending the suit, upon some collateral interlocutory matter, as, to summon juries, witnesses,, and the like; mesne process is also sometimes put in contradistinction to final process, or process of execution; and then it signifies all process which intervenes between the beginning and end of a suit. 3 Bl. Com. 279.
     3. In criminal cases that proceeding which is called a warrant, before the finding of the bill, is termed process when issued after the indictment has been found by the jury. Vide 4 Bl. Com. 319; Dalt. J. c. 193; Com. Dig. Process, A 1; Burn's Dig. Process; Williams, J, Process; 1 Chit. Cr. Law, 338; 17 Vin. Ab. 585.
     4. The word process in the 12th section of the 5th article of the constitution of Pennsylvania, which provides that "the style of all process shall be The Commonwealth of Pennsylvania," was intended to refer to such writs only as should become necessary to be issued in the course of the exercise of that judicial power which is established and provided for in the article of the constitution, and forms exclusively the subject matter of it. 3 Penna. R. 99.

PROCESS, rights. The means or method of accomplishing a thing.
     2. It has been said that the word manufacture, (q.v.) in the patent laws, may, perhaps, extend to a new process, to be carried on by known implements, or elements, acting upon known substances, and ultimately producing some other known substance, but producing it in a cheaper or more expeditious manner, or of a better and more useful kind. 2 B. & Ald. 349. See Perpigna, Manuel des Inventeurs, &c., c. 1; s. 5, Sec. 1, p. 22, 4th ed.; Manufacture; Method.

PROCESS, MESNE, practice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
     2. By this term is also meant the writ or proceedings in an action to summon or bring the defendant into court, or compel him to appear or put in bail, and then to hear and answer the plaintiffs claim. 3 Chit. Pr. 140.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Caption: Figure 1: Angiography brain CT obtained to investigate the sudden right hemiparesis of the patient, showing a well-corticated bone fragment located superiorly of odontoid process in coronal reconstruction (a, white arrow) and in axial plane (c, white arrow) in bone window.
In the present case, the position of the screw had to be changed once, and a five-millimeter dorsal migration of the odontoid process occurred three weeks after surgery, suggesting a suboptimal holding of the screw (Figure 1(b)).
The radiographs were evaluated for following characteristics: loss of cervical lordosis, odontoid process erosions, fracture of vertebrae (indicated by a decline in height of vertebral body), aAAS, arthritis of 1st and 2nd cervical vertebrae (C1-C2), atlantoaxial impaction (AAI), inflammation of disc, apophyseal joint arthritis,
Ventrodorsal projection was made with vertical X-ray beam to visualize the odontoid process and lateral projection for the evaluation of the cervical area to exclude other abnormalities.
The distinguishing feature of the axis is the odontoid process, also known as the dens or the odontoid peg, which a tooth-like process which projects superiorly from the body of the axis and is held in place by the transverse ligament of the atlas (Moore & Dalley 1999).
Endoscopic biopsy sampling of tophaceous gout of the odontoid process. Case report and review of the literature.
Isolated pyogenic osteomyelitis of the odontoid process. Scand J Infect Dis 1999;31 (5):512-15.
open mouth view showing the lateral masses of the first cervical vertebra and the entire odontoid process. 2.
Its distinguishing feature is an odontoid process that is a tooth-like structure projecting from the vertebra.
The astragali of megalonychid sloths are distinguished from those of other ground sloths by the absence of the modification of the medial trochlea into an odontoid process. While the lack of this modification gives the astragalus an appearance generally similar to those of carnivores and rodents, the sloth astragalus can readily be distinguished by the concave articular surface on the navicular process.
In addition, pathologically the masses were composed of a mixture of degenerated ligament tissue, fibrocartilage, necrotic material and fibrin, with calcification and vascular ingrowth, The authors speculated that the masses probably arose from an exuberant repair reaction after partial tears of the transverse ligament of the odontoid process.
The C2 has unique anatomical features, such as the dens (odontoid process) and superior articulating facets.