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 ?
Palm heel strike to the face, xiphoid process and groin Lower Extremity Strike: a.
The falciform ligament and both lobes of the liver are examined closely for abnormalities and then second 5 mm port was usually inserted approximately 5 cm below the xiphoid process, but the precise position and angle depends on the location of the gallbladder as well as the size of the medial segment of the left lobe of the liver.
In the aquatic environment, the water temperature ranged from 31-32[degrees]C (Sheldahl et al., 1984) and the immersion was up to the xiphoid process level (Barbosa et al., 2007).
In this current study, four sternebrae were found in African giant rats apart from a manubrium proximally and a xiphoid process capped with a xiphoid cartilage.
Many people incorrectly equate any discomfort between the xiphoid process and umbilicus with heartburn.
Then, the subject remained in the water for 60 min at the level of the xiphoid process at a pool temperature of 30 [+ or -] 2[degrees]C, which was followed by another 60 min in a seated recovery from the water.
To obtain knowledge on the origins of the right and left femoral nerve, a horizontal incision at the level of the ventral midline was made from the xiphoid process of the sternum to the caudal margin of the pelvic symphysis and from this two other vertical incisions were made, one on each antimere until reaching the dorsal midline.
The markers were attached to the xiphoid process, incisura jugularis (suprasternal notch), C7, T8, and, on the dominant side, angulus acromialis, deltoi'dus tuberosity, medial and lateral epicondyles of the elbow, radial and ulnar styloid processes (Wu et al., 2005).
Leads were placed as follows: on the 6th intercostal space on the right (negative electrode) and left (positive electrode) sides of the thorax at the level of the costochondral junction (X axis); on the manubrium (negative electrode) and xiphoid process area (positive electrode) (Y axis); and above the spinous process of 7th thoracic vertebrae (negative electrode) and the ventral opposite aspect (positive electrode) (Z axis).
(iii) Chest circumference was measured at the level of xiphoid process anteriorly and below the inferior angle of scapula posteriorly.
In case of cadavers from medical institutes, a midline incision extending from the xiphoid process to the umbilicus was given.