Legal Dictionary

Pain and suffering		The emotional and physical injuries for which a person may seek recovery in a tort action.


Parental liability		The monetary amount up to which parents may be held responsible for the acts of their children. Only some states have laws establishing parental liability and the amount of liability can vary from state to state.


Parol Evidence Rule		A rule of evidence that limits the introduction of testimony regarding the meaning of written documents.


Parole		Early supervised release from prison.


Partition		In real estate, the division of a single piece of property held jointly, such by tenants in common. Generally, the property is sold and the proceeds split rather than the parcel of land being broken up.


Partnership		A type of business organization involving two or more people. Partners share the profits of the business directly, but remain personally responsible for the debts of the business.


Party		A person or entity who is the plaintiff or defendant in a lawsuit.


Patent		A legal right that excludes anyone other than the patent holder from using an invention for a set period of time.


Patent Infringement		The use of a patented invention without permission of the patent holder.


Perjury		The criminal act of making a deliberately false statement while under oath. The false statement must be material to the issue at hand.


Personal property		Items other than land that can be owned or possessed.


Petitioner		One who requests a court to provide relief.


Physician-Patient Privilege		A rule of evidence that prevents a doctor from testifying about comments a patient makes to the doctor while seeking medical advice. The rule is intended to allow people to be frank and open with their doctors


Piercing the Corporate Veil		The corporate veil refers to the legal protection of the corporate form of business. Generally, a corporation, not the shareholders, is responsible for the debts and liabilities of the corporation. In some circumstances, the law disregards the corporate structure and holds the shareholders responsible for the actions of the corporation. This is called piercing the corporate veil.


Plaintiff		The complaining party in a civil law suit.


Plea Bargaining		Negotiations between a prosecutor and the person charged with a crime regarding the specific charges and the criminal sentence for those charges, undertaken in an effort to dispose of a case without a trial.


Pleadings		The allegations of facts supporting the claims and defenses asserted in a lawsuit.


Possession		Having control or the right to control over some item of property.


Post-Nuptial Agreement		An agreement between a husband and wife regarding the distribution of each other's property in the event of death or divorce. See Pre-nuptial Agreement.


Power of Attorney		A document that gives one person the right to act for another. The power of attorney may be specific or general.


Praecipe		A written request to a court to issue a writ or otherwise require an action from a party to a suit.


Precedent		A court decision that controls the outcome of a later action.


Preliminary Hearing		A hearing at which evidence is introduced and testimony received but which will not render the final decision in the proceeding.


Preliminary Injunction		A court order to perform or refrain from an action, issued prior to and until the final outcome of the court case.


Premeditation		Considering or planning an action before committing it, particularly a crime.


Prenuptial Agreement		An agreement a couple signs before marrying, in which they set up the terms of property distribution in case they divorce.


Preponderance of the evidence		The level of proof required in a civil case; one side's case must simply be considered more provable than the other's. It is the lowest level of proof. See "clear and convincing" and "reasonable doubt."


Presentment		1. In criminal law, the written accusation of a crime against the defendant, returned by the grand jury. 2. In commercial law, the presentment is the delivery of a negotiable instrument to the person whom is responsible for its payment.


Priest-Penitent Privilege		The principle that conversations between a priest and a penitent during confession are considered privileged, and not admissible in court.


Prima Facie		Latin for "On its face," or "at first view." At first glance; as things appear on the first impression.


Probable Cause		An objective standard of expectation of results that must be met to justify any search and seizure. The expectation must be grounded in facts and circumstances that would lead a reasonable person to that expectation. Search warrants are only issued upon finding of probable cause, and warrantless searches (such as during a traffic stop) must meet the standard of probable cause to be admissible in court.


Probate		1. The process of determining that a will is genuine and enacting it. 2. The general term for court proceedings involving a will.


Probation		1. The replacement of a criminal sentence with a period of limited freedom, subject to certain conditions, and overseen by a probation officer. 2. A period of time of employment, whose continuation is dependent on the meeting of certain criteria, and/or a satisfactory review.


Products Liability		The responsibility a manufacturer has for damages associated with a defective product. The consumer must prove the product was being used correctly when the harm occurred, the product itself caused the harm, and that the product was defective when purchased.


Promissory Note		A note which unconditionally promises in writing to pay a certain some of money to a person either on demand or at a future time.


Property		Any thing that is possessed or owned.


Prosecution		1. The process of accusing a person and attempting to prove them guilty in a criminal court. 2. The general term for those prosecuting a crime.


Prospectus		A description of a company and its practices, distributed to prospective buyers or shareholders.


Proxy		1. A person or organization with the power to represent or serve in the place of another. 2. The document that gives such authorization.


Public Defender		An attorney who is paid by the government to represent in court those parties who cannot afford their own attorney.