process


process
A series of actions, motions, or occurrences; progressive act or transaction; continuous operation; 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. Kelley v. Coe, App.D.C., 99 F.2d 435, 441.
Process is mode, method or operation whereby a result is produced; and means to prepare for market or to convert into marketable form. Employment Security Commission of Ariz. v. Bruce Church, Inc., 109 Ariz. 183, 507 P.2d 108, 112.
Patent Law
An art or method by which any particular result is produced. An act or series of acts performed upon the subject-matter to be transformed or reduced to a different state or thing. A means or method employed to produce a certain result or effect, or a mode of treatment of given materials to produce a desired result, either by chemical action, by the operation or application of some element or power of nature, or of one substance to another, irrespective of any machine or mechanical device; in this sense a "process" is patentable, though, strictly speaking, it is the art and not the process which is the subject of patent.
Broadly speaking, a "process" is 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. Civil and Criminal Proceedings Process is defined as any means used by court to acquire or exercise its jurisdiction over a person or over specific property. Austin Liquor Mart, Inc. v. Department of Revenue, 18 Ill.App.3d 894, 310 N.E.2d 719, 728.
Means whereby court compels appearance of defendant before it or a compliance with its demands. Dansby v. Dansby, 222 Ga. 118, 149 S.E.2d 252, 254.
When actions were commenced by original writ, instead of, as at present, by summons, the method of compelling the defendant to appear was by what was termed "original process," being founded on the original writ, and so called also to distinguish it from "mesne" or "intermediate" process, which was some writ or process which issued during the progress of the suit. The word "process," however, as now commonly understood, refers to a summons, or, summons and complaint, and, less commonly, to a writ. The content of the summons, and service requirements, are provided for in Rule of Civil Proc. 4.
See also abuse (process)
- alias process
- compulsory process
- constructive service of process
- final process
- irregular process
- judicial process
- legal process
- malicious abuse of legal process
- malicious use of process
- mesne process
- original process
- process of interpleader
- process of law
- regular process
- process agent
- summary process
- void process
- process agent
- compulsory process (compulsory)
@ final process
The last process in an action; i.e. process issued to enforce execution of judgment.
@ irregular process
Term is usually applied to process not issued in strict conformity with the law, whether the defect appears upon the face of the process, or by reference to extrinsic facts, and whether such defects render the process absolutely void or only voidable. Under current practice, a defective summons may be amended under Rule of Civil Proc. 15.
@ judicial process
In a wide sense, this term may include all the acts of a court from the beginning to the end of its proceedings in a given cause; but more specifically it means the writ, summons, mandate, or other process which is used to inform the defendant of the institution of proceedings against him and to compel his appearance, in either civil or criminal cases.
@ legal process
This term is sometimes used as equivalent to "lawful process." Thus, it is said that legal process means process not merely fair on its face, but in fact valid. But properly it means a summons, writ, warrant, mandate, or other process issuing from a court.
@ mesne process
As distinguished from final process, this signifies any writ or process issued between the commencement of the action and the suing out of execution.
"Mesne" in this connection may be defined as intermediate; intervening; the middle between two extremes. The writ of capias ad respondendum was called "mesne" to distinguish it, on the one hand, from the original process by which a suit was formerly commenced; and, on the other, from the final process of execution.
@ original process
That by which a judicial proceeding is instituted; process to compel the appearance of the defendant (i.e. summons). Distinguished from "mesne process", which issues, during the progress of a suit, for some subordinate or collateral purpose; and from "final process", which is process of execution.
@ process of interpleader
A means of determining the right to property claimed by each of two or more persons, which is in the possession of a third.
@ process of law
@ regular process
Such as is issued according to rule and the prescribed practice, or which emanates, lawfully and in a proper case, from a court or magistrate possessing jurisdiction.
@
@ summary process
Such as is immediate or instantaneous, in distinction from the ordinary course, by emanating and taking effect without intermediate applications or delays. In some jurisdictions (e.g. Massachusetts), term used to describe action for eviction of tenant.
@ trustee process
The name given in some states (particularly in New England) to the process of garnishment or foreign attachment.
+ trustee process
The name given, in certain New England states, to the process of garnishment or foreign attachment.
- process.
@ void process
Such as was issued without power in the court to award it, or which the court had not acquired jurisdiction to issue in the particular case, or which fails in some material respect to comply with the requisite form of legal process
+ void process
One which fails in some material respect to comply with the requisite form of legal process. United States v. Van Dusen, C.C.A.Minn., 78 F.2d 121, 124
@ process agent
Person authorized to accept service of process in behalf of another (e.g. on behalf of corporation)
@

Black's law dictionary. . 1990.

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