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Pardon: A
form of executive clemency preventing
criminal prosecution or removing or
extinguishing a criminal conviction.
Parens Patriae: The doctrine under
which the court protects the interests of a
juvenile.
Parole: The supervised conditional
release of a prisoner before the expiration
of his or her sentence. If the parolee
observes the conditions, he or she need not
serve the rest of his or her term.
Party: A person, business, or
government agency actively involved in the
prosecution or defense of a legal
proceeding.
Partial Disability: In a workers'
compensation case, this refers to any
disability that is less than total. Workers'
compensation benefits are generally measured
by earning power in this situation.
Patent: A government grant giving
an inventor the exclusive right to make or
sell his or her invention for a term of
years.
Peremptory Challenge: A challenge
that may be used to reject a certain number
of prospective jurors without giving a
reason.
Perjury: Intentional false
statement of material importance made under
oath; lying under oath.
Permanent Injunction: A court
order requiring that some action be taken,
or that some party refrain from taking
action. It differs from forms of temporary
relief, such as a temporary restraining
order or preliminary injunction.
Person: Generally, a human being.
Legally, a "person" may
statutorily include a corporation,
partnership, trustee, legal representative,
etc.
Personal Property: Tangible
physical property (such as cars, clothing,
furniture, and jewelry) and intangible
personal property. This does not include
real property such as land or rights in
land.
Personal Jurisdiction: The power of a
court over a person. Compare with subject
matter jurisdiction.
Personal Recognizance: In criminal
proceedings, the pretrial release of a
defendant without bail upon his or her
promise to return to court. See also own
recognizance.
Personal Representative: One who
stands in the place of another..
Person in Need of Supervision:
Juvenile found to have committed a status
offense rather than a crime that would
provide a basis for a finding of
delinquency. Typical status offenses are
habitual truancy. violating a curfew, or
running away from home. These are not
crimes, but they might be enough to place a
child under supervision. In different
states, status offenders might be called
children in need of supervision or minors in
need of supervision.
Petition: A formal request that the
court take some action; a complaint.
Petitioner: The person filing an
action in a court of original jurisdiction.
Also, the person who appeals the judgment of
a lower court. The opposing party is called
the respondent.
Petition to Terminate, Modify or Suspend
Benefits: In a workers' compensation
case, this is the petition filed by the
employer/insurance carrier in an attempt to
modify, suspend or terminate an injured
employee's compensation.
Plaintiff: In civil law, the
person who brings an action or starts a
lawsuit.
Plea: In a criminal proceeding, it
is the defendant's declaration in open court
that he or she is guilty or not guilty. The
defendant's answer to the charges made in
the indictment or information.
Plead: In civil law, a defendant's
formal answer to a plaintiff's complaint.
Plea Bargaining or Plea Negotiating:
The process through which an accused person
and a prosecutor negotiate a mutually
satisfactory disposition of a case. Usually
it is a legal transaction in which a
defendant pleads guilty in exchange for some
form of leniency. It often involves a guilty
plea to lesser charges or a guilty plea to
some of the charges if other charges are
dropped. Such bargains are not binding on
the court.
Pleading: A document filed in a court
that pertains to a case.
Pleadings: The written statements
of fact and law filed by the parties to a
lawsuit.
Polling the Jury: The act, after a
jury verdict has been announced, of asking
jurors individually whether they agree with
the verdict.
Possessor of Land: A person who
occupies land and intends to control it.
Most often, it is the owner of the property.
Pour-Over Will: A will that leaves
some or all estate assets to a trust
established before the will-maker's death.
Power of Attorney: Written
document authorizing one person to take
certain legal actions on behalf of the
person giving the power of attorney..
Precedent: Decision by a court
that provides an example or authority for
later cases involving a similar question of
law. See binding authority.
Preliminary Hearing: Another term
for arraignment.
Pre-Injunction: Court order
requiring action or forbidding action until
a decision can be made whether to issue a
permanent injunction. It differs from a
temporary restraining order.
Preponderance of the Evidence: The
amount of evidence needed for a plaintiff to
win in a civil action. A preponderance of
the evidence is the greater weight of the
evidence or the more convincing evidence in
comparison to the evidence offered in
opposition. A plaintiff can win by a
preponderance of the evidence even if
plaintiff's evidence merely tips the scales
in plaintiff's favor.
Presumptively Capable of Negligence:
Pennsylvania law places minors in three
categories based on age. Minors under 7 are
conclusively presumed incapable of
negligence. Simply put, under the law, they
cannot commit torts. Minors between 7 and 14
are presumed incapable of negligence, but
the presumption is rebuttable or disputable,
and the presumption grows weaker as the
child nears his or her 14th birthday. Minors
over 14 are presumptively capable of
negligence. Simply put, under the law they
are presumed as being able to commit torts.
The burden is on the minor to prove
incapacity.
Pre-Sentence Report: A report to
the sentencing judge containing background
information about the crime and the
defendant to assist the judge in making his
or her sentencing decision.
Presentment: Declaration or
document issued by a grand jury that either
makes a neutral report or notes misdeeds by
officials charged with specified public
duties. It ordinarily does not include a
formal charge of crime. A presentment
differs from an indictment.
Pretermitted Child: A child borne
after a will is executed, who is not
provided for by the will. Most states have
laws that provide for a share of estate
property to go to such children.
Pre-Trial Conference: A meeting
between the judge and the lawyers involved
in a lawsuit to narrow the issues in the
suit, agree on what will be presented at the
trial, and make a final effort to settle the
case without a trial.
Prevailing Party: Generally, the
winning party in a lawsuit.
Prima Facie: Literally means "at
first sight" or "on the face of
it." "Prima facie evidence"
is evidence that is good and sufficient on
its face. A plaintiff makes out a
"prima facie case" when he or she
presents "prima facie evidence,"
which means that the plaintiff is permitted
to prevail on that evidence alone, unless
the defendant can put forth sufficient
evidence to overcome it.
Prima Facie Case: A case that is
sufficient and has the minimum amount of
evidence necessary to allow it to continue
in the judicial process.
Primary Care Physician (PCP): A
physician that is employed by or contracts
with a managed health care system like an
HMO that coordinates all of the member's
medical care. A PCP is usually afamily
practitioner . PCP's are also known as
"gatekeepers" because they control
a member's access to medical care within a
health plan.
Privileged Communication:
Statement protected from forced disclosure
in court because the statement was made
within a "protected" relationship
such as attorney/client. See attorney-client
privilege.
Probable Cause: A reasonable
belief that a crime has or is being
committed; the basis for all lawful
searches, seizures, and arrests.
Probate: The court-supervised
process by which a will is determined to be
the will-maker's final statement regarding
how the will-maker wants his or her property
distributed. It also confirms the
appointment of the personal representative
of the estate. Probate also means the
process by which assets are gathered;
applied to pay debts, taxes, and expenses of
administration; and distributed to those
designated as beneficiaries in the will.
Probate Court: The court with
authority to supervise estate
administration.
Probate Estate: Estate property
that may be disposed of by a will.
Probation: An alternative to
imprisonment allowing a person found guilty
of an offense to stay in the community,
usually under conditions and under the
supervision of a probation officer. A
violation of probation can lead to its
revocation and to imprisonment.
Procedural Law: Generally, the
body of law establishing the method or
procedure of enforcing rights or obtaining
redress for invasion of rights. Compare with
substantive law which establishes rights.
Process Serving: The method by which
a defendant in a lawsuit is notified that a
plaintiff has filed a suit against him.
Products Liability: Area of the
law involving the liability of manufacturers
and sellers of dangerous or defective goods
or products.
Promulgate: To officially
announce.
Property Damage Liability Coverage:
Automobile insurance coverage required under
Pennsylvania law that provides money to pay
claims if your car damages the property of
another person.
Pro Bono: (Latin: "for the
good") Used to describe the provision
of services free of charge.
Pro Bono Publico: For the public good.
Lawyers representing clients without a fee
are said to be working pro bono publico.
Pro Se: A Latin term meaning
"on one's own behalf"; in courts,
it refers to persons who present their own
cases without lawyers.
Prosecutor: A trial lawyer
representing the government in a criminal
case and the interests of the state in civil
matters. In criminal cases, the prosecutor
has the responsibility of deciding who and
when to prosecute.
Proximate Cause: The proximate
cause of an injury is the primary or moving
cause that produces the injury and without
which the accident could not have happened,
if the injury is one which might be
reasonably anticipated or foreseen as a
natural consequence of the wrongful act.
Public Defender: Government lawyer
who provides free legal defense services to
a poor person accused of a crime.
Punitive Damages or Exemplary Damages:
Compensation greater than is necessary to
pay a plaintiff for a loss. These damages
are awarded because the loss was aggravated
by violence, oppression, malice, fraud or
wanton and wicked conduct on the part of the
defendant. Such damages are intended to
punish the defendant for his evil behavior
or make an example of him or her.
Purchaser: In products liability law,
a person who buys a product.
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