Per capitaPer capita is the legal term for one of the ways that assets being transferred by your will can be distributed to the beneficiaries of your estate.
Per se doctrineUnder this doctrine, an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the…
Per stirpesPer stirpes is the legal term for transferring the assets of your estate to your children and their descendants.
Peremptory challengeRequest by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated. See challenge for cause.
PeriodicalA publication which appears regularly but less often than daily.
PerjuryThe criminal offense of making a false statement under oath.
Permanent injunctionA court order requiring that some action be taken, or that some party refrain from taking action on a permanent basis.
Person in need of supervision (PINS)Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency.
Personal propertyAll tangible property (other than land) that is either temporary or movable in some way, such as furniture, jewelry, electronics, etc.
Personal recognizanceIn criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court. See recognizance.
Personal representativeThe person who administers an estate. If named in a will, that person's title is an executor.
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.
PetitionerThe person filing a certain type of action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. See respondent.
petty offenseA federal misdemeanor punishable by six months or less in prison.
plaintiffA person or business that files a formal complaint with the court.
PleaThe first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty.
Plea bargainingProcess where the accused and the prosecutor in a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead…
plea deal (or plea bargain or agreement)Agreement between the defendant and prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor.
PleadingsShorthand for all the documents filed at Court. With the Court’s permission, pleadings may be amended or changed at any time.
Pocket partSupplements to law books in pamphlet form which are inserted in a pocket inside the back cover of the books to keep them current.
Polling the juryThe act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.
Post-trialRefers to items happening after the trial, i.e., post-trial motions.
Pour-Over willA will that leaves some or all estate assets to a trust established before the will-maker's death.
PowerAuthority to do. One has the power to do something if he is of legal age. Also, used as "powers," the term refers to authority granted by one person to…
Power of AttorneyA written instrument which authorizes one person to act as another's agent or attorney.
PraecipeA writ commanding a person to do some act or to appear and show cause why he should not do so; an order.
PrecedentLaws established by previous cases which must be followed in actions involving identical circumstances. See stare decisis in Foreign Words Glossary.
Preliminary hearingAlso, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. See arraignment.
Preliminary injunctionCourt order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction.
Presentence reportA report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing…
PresentmentDeclaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties.
Pretermitted childA child born 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…
pretrial conferenceScheduling conference at which trial, motion cut-off, and other dates are set.
pretrial servicesA 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…
pro perA slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
Pro rataProportionate share; distribution in proportion.
pro seA nonlawyer who represents himself or herself in a court proceeding.
Probable cause1. The basis for all lawful searches, seizures and arrests. 2. A reasonable belief that a crime has or is being committed.
ProbateProbate is the process of authenticating, or verifying, your will so that your executor can carry out the wishes you expressed in the document for…
Probate courtThe court with authority to supervise estate administration.
Probate estateYour probate estate includes all of the assets that will pass to your heirs through your will.
ProbationAn alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision…
Probation officerOfficers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on…
procedureThe rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.
Product liabilityLegal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.
Promissory estoppelA promise which estops or legally prevents the promisee from asserting or taking certain action.
Property taxThe amount which the state and/or locality assesses as a tax on a piece of property.
ProprietorOwner; person who has legal right or title to anything.
prosecuteTo charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
ProsecutorA lawyer representing the government in a criminal case and the interests of the state in civil matters.
Proximate causeThe last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by…
ProxyIf you own common stock in a US corporation, you have the right to vote on certain company policies and elect the board of directors by casting a proxy…
Public DefenderGovernment lawyer who provides free legal defense services to a poor person accused of a crime.
public defendersRepresent defendants who can't afford an attorney in criminal matters.
Public lawThat law such as traffic ordinances or zoning ordinances which applies to the public.
Public Service CommissionAlso, Public Utilities Commission. A state agency which regulates utilities.
Punitive damagesMoney award given to punish the defendant or wrongdoer.
Purchase agreement/purchase offerAlso, sales agreement. Agreement between buyer and seller of property which sets forth the price and terms of a proposed sale.