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Glossary
Paralegal
A person who is neither a lawyer nor is not acting in that
capacity but who provides a limited number of legal services.
Each state differs in the authority it gives paralegals in
exercising what traditionally would be lawyers' work.
Pardon
A pardon is a government decision to allow a person who has
been convicted of a crime, to be free and absolved of that
conviction, as if never convicted. Typically used to remove a
criminal record against a good citizen for a small crime that
may have been committed during adolescence or young adulthood.
The procedures vary from one state to another, but the request
for a pardon usually involves a lengthy period of time of
impeccable behavior and a reference check. Generally speaking,
the more serious the crime, the longer the time requirement
for excellent behavior. In the USA, the power to pardon for
federal offenses belongs to the President.
Parens patriae
Latin: A British common law creation whereby the courts have
the right to make unfettered decisions concerning people who
are not able to take care of themselves. For example, a court
can make custody decisions regarding a child or an insane
person, even without statute law to allow them to do so, based
on their residual, common law-based parens patriae
jurisdiction.
Pari delicto
Latin for "of equal fault." If two parties complain to a judge
of the non-performance of a contract by the other, and the
judge finds that they were equally at fault in causing the
contract's breach, the judge could refuse to provide a remedy
to either of them because of "pari delicto".
Pari passu
Latin: Equitably and without preference. A term often used in
bankruptcy proceedings where creditors are said to be "pari
passu" meaning that they are all equal and that distribution
of the assets will occur without preference between them.
Parole
An early release from incarceration in which the prisoner
promises to heed certain conditions. The conditions are
usually set by a parole board and under the supervision of a
parole officer. Violation of any of those conditions would
result in the return of the person to prison.
Parricide
Killing one's father or another family member or close
relative.
Partnership
A business organization of two or more persons carrying out
business together. Each partner is fully liable for all the
debts of the enterprise but they also share the profits
exclusively. Many states have laws regulating partnerships and
may, for example, require some form of registration and allow
partnership agreements. One of the basic advantages of
partnerships is that they tend to allow business losses to be
deducted from personal income for tax purposes (see also
limited partner).
Par value shares
Shares issued by a company which have a minimum price.
Contrast with shares which are without par value or "non par
value shares" which may be sold at whatever price the
company's board of directors decides.
Patent
An exclusive privilege granted to an inventor to make, use, or
sale an invention for a set number of years. In effect, the
state grants a temporary monopoly to an inventor through the
issuance of a patent, as a financial incentive to potential
inventors.
Paternity
Being a father. "Paternity suits" are launched when a man
denies being the father of a child born out of wedlock. The
new technology of DNA testing can establish paternity, thus
obliging the father to provide child support.
Payee
The person to whom payment is addressed or given. In family
law, the term usually refers to the person who receives or to
whom support or maintenance is owed. In commercial law, the
term refers to the person to whom a bill of exchange is made
payable. On a regular check, the space after the words "pay to
the order of" identifies the payee.
Payor
The person who is making the payment(s). Again, in the context
of family law, the word would typically refer to the person
who is paying support or maintenance. In commercial law, the
word refers to the person who makes the payment on a check or
bill of exchange.
Pedophile
One who suffers from a sexual perversion, pedophilia, in which
children are preferred as sexual partners.
Pen register
An electronic surveillance device which attaches to a phone
line and which registers every number dialed from a specific
telephone. This surveillance device is not as effective as
wire-tapping.
Pendente lite
Latin: during litigation. For example, if the validity of a
will is challenged, a court might appoint an administrator
pendente lite with limited powers to do such things as may be
necessary to preserve the assets of the deceased until a
hearing can be convened on the validity of the will. Another
example is an injunction pendente lite, to last only during
the litigation and, again, designed simply to preserve
something until the decisive court order is issued.
Percolating water
Water which seeps or filters through the ground without any
definite channel and is not part of the flow of any waterway.
The best example is rain water.
Perjury
An intentional lie given while under oath or in a sworn
affidavit.
Perpetuating testimony
Testimony or evidence taken when it is feared that the person
with that evidence may soon die or disappear and that this
person's evidence, if recorded, could then be used in the
future to prevent a possible injustice or to support a future
claim of property.
Perpetuity
Forever; of unlimited duration. Rights that are to last
forever are said to hinder commerce as an impediment to the
circulation of property. There is a strong bias in the law
against things that are to last in perpetuity.
Person
An entity with legal rights and existence including the
ability to sue and be sued, to sign contracts, to receive
gifts, to appear in court either by themselves or by lawyer
and, generally, other powers incidental to the full expression
of the entity in law. This definition includes not only
individuals, who are "persons" in law unless they are minors
or under some kind of other incapacity such as a court finding
of mental incapacity but also includes business organizations
that have been formally registered, such as partnerships,
corporations or associations.
Personal representative
In the law of wills, the general name given to the person who
administers the estate of a deceased person. There are two
kinds of personal representatives: an administrator who is
appointed by a court if a person dies without a will
(intestate) and an executor if a personal representative is
named in a will.
Petit Jury (or trial jury)
A group of citizens who hear the evidence presented by both
sides at trial and determine the facts in dispute. Federal
criminal juries consist of 12 persons. Federal civil juries
consist of at least six persons.
Petition
The formal, written document submitted to a court, which
describes an injustice of some kind and asks the court for
redress. Petitions set out the facts, identify the law under
which the court is being asked to intervene, and end with a
suggested course of action for the court to consider (e.g.
payment of damages to the plaintiff). Because of the
complexity of most legal forms, petitions are normally filed
by lawyers but most states will allow citizens to file
petitions provided they conform to the court's form. Some
states do not use the word "petition" and, instead, might
refer to an "application", a "complaint" or the "writ."
Pettifogger
A petty or underhanded lawyer; an attorney who sustains a
professional livelihood on disreputable or dishonorable
business. The word has also taken on a common usage definition
referring to anyone prone to quibbling over details.
Petty offense
A minor crime for which the punishment is usually just a small
fine or short term of imprisonment. See also misdemeanor and
felony.
Physical custody
A child custody decision granting the right to organize and
administer the day to day residential care of a child. This is
usually combined with legal custody.
Picket
To object publicly, on or adjacent to the employer's premises,
to an employer's labor practices, goods or services. The most
common form of picketing is patrolling with signs.
Plaintiff
The person who brings a case to court; who sues. May also
be called "claimant", "petitioner" or "applicant". The person
being sued is generally called the "defendant" or the
"respondent."
Plea
In a criminal case, the defendant's statement pleading
"guilty" or "not guilty" in answer to the charges.
Plea bargaining
Negotiations during a criminal trial between an accused person
and a prosecutor. The accused agrees to admit to a crime
(sometimes a lesser crime than the one set out in the original
charge), thus avoiding the expense of a public trial, in
exchange for which the prosecutor agrees to ask for a sentence
more lenient than would have been recommended if the case had
proceeded to full trial. Judges are not bound by plea
bargains, although, as past lawyers themselves, they are
generally aware of plea bargains and a reasonable
recommendation of a prosecutor on sentencing is always heavily
considered.
Pleadings
That part of a party's case in which he or she formally sets
out the facts and legal arguments which support that party's
position. Pleadings can be in writing or they can be made
verbally to a court, during the trial.
Poach
To kill or take an animal or fish from the property of another
without permission. Hunting with permission on another's land
is not poaching.
Polygamy
Being married to more than one person at the same time.
Illegal in most countries.
Polygraph
A lie-detector machine. It works by recording variations in
blood pressure, body temperature and respiration of a subject
as he answers questions.
Postal rule
A rule of contract law making an exception to the general rule
that an acceptance is only created when communicated directly
to the offeror. When the acceptor places the acceptance in the
mail box for return mail the acceptance is binding and the
contract is said to be perfected even if, in fact, it never
reaches the offeror.
Power of attorney
A document which gives a person the right to make binding
decisions for another, as an agent. A power of attorney may be
specific to a certain kind of decision or general, in which
the agent makes all major decisions for the person who is the
subject of the power of attorney. The person signing the power
of attorney is usually referred to, in law, as the donor and
the person that would exercise the power of attorney, the
donee.
Pręcipe or precipe
A Latin term which used to refer to the actual writ that would
be presented to a court clerk to be officially issued on
behalf of the court. Now the term mostly refers to the
covering letter from the lawyer (or plaintiff) which
accompanies and formally asks for the writ to be issued by the
court officer. The precipe is kept on the court file, but does
not accompany the writ when the latter is served on the
defendant.
Precatory words
Words that express a wish or a desire rather than a clear
command. They are often found in trusts or wills and cause
great difficulties when courts try to find the real intention
of the settlor or testator.
Precedent
A case establishing legal principles to a certain set of
facts, coming to a certain conclusion, and which is to be
followed from that point on when similar or identical facts
are before a court. Precedents form the basis of the theory of
stare decisis, which prevents "reinventing the wheel" and
allows citizens to have a reasonable expectation of the legal
solutions which apply in a given situation.
Preferred shares
A share in a company having a special right or privilege
attached to it, distinguishing it from the company's common
shares. Most commonly that special right is a preference over
holders of common shares when dividends are declared. Another
possible right is for the preferred shares to be redeemable at
the option of either the holder or the company. Still another
might be to disallow voting rights to preferred shareholders.
Depending on the laws in each state, there may be no limit to
the qualifications a company can attach to preferred shares.
Preponderance
A word describing the strength or weight of evidence such that
it persuades a judge or jury to lean toward one side as
opposed to the other during the course of litigation. In many
states, criminal trials require evidence beyond a reasonable
doubt, but civil trials require only a preponderance of the
evidence. The judge or jury will perceive the evidence of one
side as outweighing the other based on which side has the most
persuasive or impressive evidence. The strength or "weight" of
evidence is not decided by the sheer number of witnesses but
by their credibility, and their testimony is given weight
accordingly. The side with the preponderance of evidence wins
the case.
Pre-Sentence Report
A report prepared by a court's probation officer, after a
person has been convicted of an offense, summarizing for the
court the background information needed to determine the
appropriate sentence.
Prescription
A method of acquiring rights through the silence of the legal
owner and known in common law jurisdiction as "statute of
limitations." When used in a real property context, the term
refers to the acquisition of property rights, such as an
easement, by long and continued use or enjoyment. The required
duration of continued use or enjoyment, before legal rights
are enforceable, is usually written into a state's law known
as "statute of limitations."
Presumption of advancement
A presumption in trust, contract and family law which suggests
that property transferred from a parent to a child, or spouse
to spouse, is a gift and would defeat any presumption of a
resulting trust.
Pretrial Conference
A meeting of the judge and lawyers to plan the trial, to
discuss which matters should be presented to the jury, to
review proposed evidence and witnesses, and to set a trial
schedule. Typically, the judge and the parties also discuss
the possibility of settlement of the case.
Pretrial Services
A department of the district court that conducts an
investigation of a criminal defendant's background in order to
help a judge decide whether to release the defendant into the
community before trial.
Prima facie(Latin)
A Latin term which means "on the face of it" or "at first
sight". Law-makers will often use this as a device to
establish that if a certain set of facts are proven, then
another fact is established "prima facie". For example, proof
that a letter was mailed is prima facie proof that it was
received by the person to whom it was addressed, and such
prima facie evidence will be accepted as such by a court
unless proven otherwise.
Principal
An agent's master; the person from whom an agent has received
instruction and to whose benefit the agent is expected to
perform and make decisions.
Private law
Law which regulates the relationships between individuals.
Examples include family, commercial and labor law because the
focus of these kinds of law is the relationships between
individuals, or between corporations or organizations and
individual, with the government as a bystander. They are the
counterpart to public law.
Privilege
A special and exclusive legal advantage or right, such as a
benefit, exemption, power or immunity. An example would be the
special privileges that some persons have in a bankruptcy to
recoup their debts from the bankrupt's estate before other,
non-privileged creditors.
Probate
The formal certificate given by a court that certifies that a
will has been proven, validated and registered and which, from
that point on, gives the executor the legal authority to
execute the will. A "probate court" is a name given to the
court that has this power to ratify wills.
Probation
A form of punishment given out as part of a sentence. Instead
of jailing a person convicted of a crime, a judge will order
that the person report to a probation officer regularly and
according to a set schedule. Disobedience of the probate order
is a criminal offence and is cause for being immediately
jailed. Someone "on probation" is presently under such a court
order. The probation orders may have special conditions
attached to them, such as not to leave the city, drink
alcohol, consume drugs, not to go to a specific place or
contact a certain person.
Probation Officer
Officers of the probation office of a court. Probation officer
duties include conducting presentence investigations,
preparing presentence reports on convicted defendants, and
supervising released defendants.
Pro bono
Provided for free. Pro bono publico means "for the public
good."
Profit ą prendre
A servitude which resembles an easement and allows the holder
to enter the land of another and to take some natural produce
such as mineral deposits, fish or game, timber, crops or
pasture.
Pro forma
As a matter of form; in keeping with a form or practice.
Something is done "pro forma" because it facilitates future
dealings, even if it is not essential. For example, an invoice
might be sent to a purchaser even before the goods are
delivered as a matter of business practices.
Prohibition
A legal restriction against the use of something or against
certain conduct. For example, in the 1920s, both the USA and
Canada enacted liquor prohibitions, outlawing the manufacture
or use of alcoholic beverages.
Promisee
A person who is to be the beneficiary of a promise, an
obligation or a contract. Synonymous to "obligee."
Promisor
The person who has become obliged through a promise (usually
expressed in a contract) towards another, the intended
beneficiary of the promise being referred to as the promisee.
Also sometimes referred to an "obligor."
Promissory note
An unconditional written and signed promise from the payor to
a payee. It promises to pay a certain amount of money, on
demand or at a certain defined date in the future. It differs
from a bill of exchange, in that a promissory note is not
drawn on any third party holding the payor's money;
Property
Legally, property is properly defined as a collection of legal
rights over a thing, rather than a thing which belongs to
someone and over which a person has total control. These
rights are usually total and fully enforceable by the state or
the owner against others. It has been said that "property and
law were born and die together. Before laws were made there
was no property. Take away laws and property ceases." Property
had no relevance before laws were written and enforced,
possession was all that mattered. Property differences can be
classified in many ways, the most common being between "real
property" or "immoveable property" (real estate such as land
or buildings) and "chattel", or "moveable" (things which are
not attached to the land such as a bicycle, a car or a
hammer); and between public (property belonging to everybody
or to the state) and private property.
Propinquity
Nearness in place; close by. Also used to describe
relationships as synonymous for "kin."
Pro possessore
Latin: As a possessor. For example, a person may possess a
thing but not own it, and still may exercise certain rights
over it "pro
possessore".
Propound
To offer a document as being authentic or valid. Used mostly
in the law of wills; to propound a will means to take legal
action, as part of probate, including a formal inspection of
the will, by the court.
Pro rata
Latin: to divide proportionate to a certain rate or interest.
For example, in a company with 400 shareholders, 100 with 25%
and 300 with 75% of the shares, if the company received a gift
of $10,000 and desired to split it "pro rata" among the
shareholders, the shareholders with 25% of the shares would
receive $25 and the 75% shareholders, $75.
Proprietor
Owner.
Pro se
Latin: in one's personal behalf. Contrast with pro socio.
Pro socio
Latin: on behalf of a partner; not on one's personal behalf.
Prosecute
To bring judicial proceedings against a person and to
administer them until the conclusion of the court proceedings.
Lawyers are hired by the government to administer the
prosecution of criminal charges in the courts.
Prospectus
A document by a corporation setting out the material details
of a share or bond issue and inviting the public to invest by
purchasing these financial instruments.
Prostitute
A person who offers sexual intercourse for hire.
Pro tempore
Latin: something done temporarily only and not intended to be
permanent.
Proxy
A right signed over to an agent. Proxies are used frequently
at annual meetings of corporations where the right to exercise
a vote is "proxied" from the shareholder to the agent.
Public domain
Works in any medium that are not copyright protected under
copyright law and are therefore free for all to use without
permission. This can include works that were originally
non-copyrightable (such as ideas, facts or names); copyrights
that have been lost or expired; copyright owned or authored by
the federal government (federal documents and publications are
not copyrighted and so are public domain); and any works which
have been specifically granted to the public domain.
Public law
Laws regulating (1) how the government is structured and
administrated; (2) how the government conducts itself in its
relations with its citizens; (3) the responsibilities of
government employees; and (4) the government's relationships
with foreign governments. Criminal and constitutional law are
both examples of public law. Private law is law which
regulates the private conduct between individuals, without
direct involvement of the government. The line between public
and private law is sometimes very hard to draw. For example,
an unsolicited attack on one's person would constitute a crime
for which the government would prosecute under criminal law,
which is public law. However, under private law it would also
be a situation in which there would be a private legal action
possible by the injured party under tort law.
Punitive damages
Special and highly exceptional damages which are an exception
to the rule that damages are to compensate not to punish. They
are ordered by a court against a defendant when the act or
omission which caused the suit, was of a particularly heinous,
malicious or highhanded nature. Each jurisdiction sets its own
threshold for the amount allowable. Generally, punitive
damages are used in intentional torts such as rape, battery or
defamation. In some countries, and in certain circumstances,
punitive damages might even be available for breach of
contract cases but, again, only for the exceptional cases
where the court wants to give a strong message to the
community that similar conduct will be severely punished. The
term "exemplary damages" is used in some jurisdictions, and
there is an ongoing legal debate whether there is a
distinction to be made between the two and even with the
concept of aggravated damages.
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