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present ability. See ABILITY. [Blacks Law 8th]

present, adj. 1. Now existing; at hand <a present right to the property>. 2. Being considered; now under discussion <the present appeal does not deal with that issue>. 3. In attendance; not elsewhere <all present voted for him>. [Blacks Law 8th]

presence-of-the-testator rule. The principle that a testator must be aware (through sight or other sense) that the witnesses are signing the will. • Many jurisdictions interpret this requirement liberally, and the Uniform Probate Code has dispensed with it. [Cases: Wills 117. C.J.S. Wills §§ 285–293.] [Blacks Law 8th]  

presence of the court. The company or proximity of the judge or other courtroom official. • For purposes of contempt, an action is in the presence of the court if it is committed within the view of the judge or other person in court and is intended to disrupt the court’s business. “Some decisions indicate…

presence-of-defendant rule. The principle that a felony defendant is entitled to be present at every major stage of the criminal proceeding. Fed. R. Crim. P. 43. [Cases: Criminal Law 636. C.J.S. Criminal Law § 1161.] [Blacks Law 8th]

presence, n. 1. The state or fact of being in a particular place and time <his presence at the scene saved two lives>.2. Close physical proximity coupled with awareness <the agent was in the presence of the principal>. constructive presence. 1. Criminal law. Legal imputation of having been at a crime scene, based on having…

prescriptive right. A right obtained by prescription <after a nuisance has been continuously in existence for 20 years, a prescriptive right to continue it is acquired as an easement appurtenant to the land on which it exists>. [Cases: Nuisance 11–17. C.J.S. Nuisances §§ 77, 79–82.] [Blacks Law 8th]

prescriptive easement. See EASEMENT. [Blacks Law 8th]

prescription, n. 1. The act of establishing authoritative rules. Cf. PROSCRIPTION. 2. A rule so established. — Also termed (archaically) prescript. 3. The effect of the lapse of time in creating and destroying rights. [Cases: Limitation of Actions 1. C.J.S. Limitations of Actions §§ 2–4.] 4. The extinction of a title or right by failure…

prescript, adj. Having the nature of a rule or command. prescript, n. Archaic. A rule, law, command, or ordinance; PRESCRIPTION(2). • A general term, prescript may also apply to an edict, a regulation, or any instructive guideline. [Blacks Law 8th]