Common Legal Terms — page 7 of 9

897 terms

Common Legal Terms terms

Personal property All tangible property (other than land) that is either temporary or movable in some way, such as furniture, jewelry, electronics, etc.
Personal recognizance In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court. See recognizance.
Personal representative The 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.
Petitioner The 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 offense A federal misdemeanor punishable by six months or less in prison.
plaintiff A person or business that files a formal complaint with the court.
Plea The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty.
Plea bargaining Process 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.
Pleadings Shorthand for all the documents filed at Court. With the Court’s permission, pleadings may be amended or changed at any time.
Pocket part Supplements 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 jury The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.
Post After; later.
Post factum After the fact; after the event.
Post hoc After this.
Post-trial Refers to items happening after the trial, i.e., post-trial motions.
Pour-Over will A will that leaves some or all estate assets to a trust established before the will-maker's death.
Power Authority 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 Attorney A written instrument which authorizes one person to act as another's agent or attorney.
Praecipe A writ commanding a person to do some act or to appear and show cause why he should not do so; an order.
Precedent Laws established by previous cases which must be followed in actions involving identical circumstances. See stare decisis in Foreign Words Glossary.
Preliminary hearing Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. See arraignment.
Preliminary injunction Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction.
Preponderance of the evidence Greater weight of the evidence, the common standard of proof in civil cases.
Presentence 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…
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.
Pretermitted child A 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 conference Scheduling conference at which trial, motion cut-off, and other dates are set.
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…
Prima facie On the face of it; at first view.
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 authority Constitutions, codes, statutes, ordinances, and case law sources.
privilege A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc.
Pro bono publico For the public good. Lawyers representing clients without a fee are said to be working pro bono publico.
Pro confesso As if conceded.
Pro forma For the sake of form.
Pro nunc For now.
pro per A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
Pro rata Proportionate share; distribution in proportion.
pro se A nonlawyer who represents himself or herself in a court proceeding.
Probable cause 1. The basis for all lawful searches, seizures and arrests. 2. A reasonable belief that a crime has or is being committed.
Probate Probate 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 court The court with authority to supervise estate administration.
Probate estate Your probate estate includes all of the assets that will pass to your heirs through your 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…
Probation officer Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on…
probation officers (or pretrial services officers) Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
procedure The rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.
Product liability Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.
Promisee An individual to whom a promise is made.
Promisor An individual who makes a promise.
Promissory estoppel A promise which estops or legally prevents the promisee from asserting or taking certain action.
Property tax The amount which the state and/or locality assesses as a tax on a piece of property.
Proprietor Owner; person who has legal right or title to anything.
prosecute To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prosecutor A lawyer representing the government in a criminal case and the interests of the state in civil matters.
Proximate cause The 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…
Proxy If 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 Defender Government lawyer who provides free legal defense services to a poor person accused of a crime.
public defenders Represent defendants who can't afford an attorney in criminal matters.
Public law That law such as traffic ordinances or zoning ordinances which applies to the public.
Public Service Commission Also, Public Utilities Commission. A state agency which regulates utilities.
Punitive damages Money award given to punish the defendant or wrongdoer.
Purchase agreement/purchase offer Also, sales agreement. Agreement between buyer and seller of property which sets forth the price and terms of a proposed sale.
Putative Alleged; supposed; reputed.
Quantum (Pl. quanta) Quantity or amount.
Quantum meruit As much as one deserves.
Quantum sufficit A sufficient quantity.
Quash To put an end to by formal action or set aside. In law, a motion to quash asks the judge for an order setting aside or nullifying an action, such as…
Quasi As if; having the character of.
Quasi ex contractu As if by contract; as if from contract.
Quasi-contract An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
Quasi-criminal action A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public…
Quid pro quo One thing for another; this for that.
Quiet title action A court proceeding to remove a cloud on the title to real property.
Quitclaim Deed A deed transferring ownership of a property but does not make any guarantee of clear title.
Quo warranto An action whereby one is required to show by what right one is exercising a public office, franchise or liberty; a writ bringing the person into court on…
Ratio legis The reason underlying the law.
Re-direct examination Opportunity to present rebuttal evidence after one's witness has been subjected to crossexamination.
Real property A dwelling or home is often referred to as real property.
Reasonable doubt A person accused of a crime is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" i.e.
Reasonable person A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its…
Rebut Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. See rejoinder.
Recognizance An obligation entered into before a court whereby the recognizor acknowledges that he will do a specific act required by law.
record All the documents and evidence plus transcripts of oral proceedings in a case.
Recuse The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.
Redress To set right; to remedy; to compensate; to remove the causes of a grievance.
Referee A person appointed by the Chief Judge to hear and determine certain cases. Here, the Referee hears any and all cases regarding housing, including eviction…
Registered mark Trademark with the words "Registered in the U.S. Patent and Trademark Office" or the letter "R" enclosed within a circle.
Rehearing Another hearing of a civil or criminal case by the same court in which the case was originally heard.
Rejoinder Opportunity for the plaintiff/petitioner to offer limited response to evidence presented by the defendant/respondent. See rebut.
Remand To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court…
Remedy Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
Remittitur The reduction by a judge of the damages awarded by a jury.
Removal The transfer of a state case to federal court.
Replacement volumes Volumes which replace books and their pocket parts when the pocket parts cause the books to become too bulky.
replevin An action for the recovery of a possession that has been wrongfully taken.
Reply The response by a party to charges raised in a pleading by the other party.
reporter Makes a record of court proceedings, prepares a transcript, and publishes the court's opinions or decisions.

Sources

Pro Se Glossary of Common Legal Terms 590 definitions
Pro Se Glossary of Common Legal Terms 260 definitions
Justice 101 Legal Terms Glossary 132 definitions
Understanding the Federal Courts 106 definitions