Process in United States

Process Definition

In Practice. The means of compelling a defendant to appear in court, after suing out the original writ, in civil, and, after indictment, in criminal, cases. In a broader sense all writs and mandates issued in the course of the proceeding. 15 Pla. 410. The method taken by law to compel a compliance with the original writ or commands of the court. In a strict sense, “process” is confined to the mandate of a court under its seal, whereby a party or an officer of the court is commanded to do certain acts. Thus, the summons used in many states, signed by plaintiff’s attorney only, is not process. 12 Minn. 80; J7 Ore. 564. In civil causes, in all real actions and for injuries not committed against the peace, the first step was a summons, which was served in personal actions by two persons called summoners, in real actions by erecting a white stick or wand on the defendant’s grounds. If this summons was disregarded, the next step was an attachment of the goods of the defendant, and in case of trespasses the attachment issued at once without a summons. If the attachment failed, a distringas issued, which was continued till he appeared. Here process ended in injuries not committed with force. In case of such injuries, an arrest of the person was provided for. See “Arrest.” In modern practice some of these steps are omitted; but the practice of the different states is too various to admit tracing here the differences which have resulted from retaining different steps of the process. 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 BI. Comm. 279. And this is the modern usage. 31 N. J. Law, 231. In Patent Law. The art or method by which any particular result is produced. A process, eo nomine, is not made the subject of a patent in our act of congress. It is included under the general term “useful art.” Where a result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations are called “processes.” A new process is usually the result of discovery; a machine, of invention. The arts of tanning, dyeing, making waterproof cloth, vulcanizing india rubber, smelting ores, and numerous others, are usually carried on by “processes,” as distinguished from “machines.” But the term “process” is often employed more vaguely in a secondary sense, in which it cannot be the subject of a patent. Thus, we say that a board is undergoing the process of being planed, grain of being ground, iron of being hammered or rolled. Here the term is used subjectively or passively, as applied to the material operated on, and not to the method or mode of producing that operation, which is by mechanical means, or the use of a machine, as distinguished from a process. In this use of the term it represents the function of a machine, or the effect produced by it on the material subjected to the action of the machine, and does not constitute a patentable subject matter, because there cannot be a valid patent for the function or abstract effect of a machine, but only for the machine which produces it. 15 How. (U. S.) 267, 268. See 2 Barn. & Aid. 349.

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In Practice. The means of compelling a defendant to appear in court, after suing out the original writ, in civil, and, after indictment, in criminal, cases. In a broader sense all writs and mandates issued in the course of the proceeding. 15 Pla. 410. The method taken by law to compel a compliance with the original writ or commands of the court. In a strict sense, “process” is confined to the mandate of a court under its seal, whereby a party or an officer of the court is commanded to do certain acts. Thus, the summons used in many states, signed by plaintiff’s attorney o
nly, is not process. 12 Minn. 80; J7 Ore. 564. In civil causes, in all real actions and for injuries not committed against the peace, the first step was a summons, which was served in personal actions by two persons called summoners, in real actions by erecting a white stick or wand on the defendant’s grounds. If this summons was disregarded, the next step was an attachment of the goods of the defendant, and in case of trespasses the attachment issued at once without a summons. If the attachment failed, a distringas issued, which was continued till he appeared. Here process ended in injuries not committed with force. In case of such injuries, an arrest of the person was provided for. See “Arrest.” In modern practice some of these steps are omitted; but the practice of the different states is too various to admit tracing here the differences which have resulted from retaining different steps of the process. 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 BI. Comm. 279. And this is the modern usage. 31 N. J. Law, 231. In Patent Law. The art or method by which any particular result is produced. A process, eo nomine, is not made the subject of a patent in our act of congress. It is included under the general term “useful art.” Where a result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations are called “processes.” A new process is usually the result of discovery; a machine, of invention. The arts of tanning, dyeing, making waterproof cloth, vulcanizing india rubber, smelting ores, and numerous others, are usually carried on by “processes,” as distinguished from “machines.” But the term “process” is often employed more vaguely in a secondary sense, in which it cannot be the subject of a patent. Thus, we say that a board is undergoing the process of being planed, grain of being ground, iron of being hammered or rolled. Here the term is used subjectively or passively, as applied to the material operated on, and not to the method or mode of producing that operation, which is by mechanical means, or the use of a machine, as distinguished from a process. In this use of the term it represents the function of a machine, or the effect produced by it on the material subjected to the action of the machine, and does not constitute a patentable subject matter, because there cannot be a valid patent for the function or abstract effect of a machine, but only for the machine which produces it. 15 How. (U. S.) 267, 268. See 2 Barn. & Aid. 349.

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This definition of Process Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Process (Eminent Domain Proceedings)

This section introduces, discusses and describes the basics of process. Then, cross references and a brief overview about Eminent Domain Proceedings is provided. Finally, the subject of Civil Procedure in relation with process is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Process

In Legislation

Process in the U.S. Code: Title 28, Part V, Chapter 113

The current, permanent, in-force federal laws regulating process are compiled in the United States Code under Title 28, Part V, Chapter 113. It constitutes “prima facie” evidence of statutes relating to Judiciary (including process) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Judicial Procedure of the US Code, including process) by chapter and subchapter.

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See Also

Further Reading (Books)

Castoriadis-Aulagnier, Piera. (2001). The violence of interpretation: From pictogram to statement (Alan Sheridan, Trans.). East Sussex, UK: Brunner-Routledge.

Freud, Sigmund. (1900a). The interpretation of dreams. Part I, SE, 4: 1-338; Part II, SE, 5: 339-625.

(1911b). Formulations on the two principles of mental functioning. SE, 12: 213-226.

(1950c [1895]) Project for a scientific psychology. SE, 1: 281-387.

Green, André. (1972). Note sur les processus tertiaires. Revue française de Psychanalyse, 36, 3, 407-410.

Jaspers, Karl. (1913). General psychopathology Manchester Universities Press, 1963.

Lalande, André. (1926). Vocabulaire technique et critique de la philosophie. Paris: Presses Universitaires de France.

Marchais, Pierre. (1968). Les processus névrotiques: contribution

Process in State Statute Topics

Introduction to Process (State statute topic)

The purpose of Process is to provide a broad appreciation of the Process legal topic. Select from the list of U.S. legal topics for information (other than Process).

Resources

Further Reading

• Information about Process in the Gale Encyclopedia of American Law.