Glossary Law
There are 34 names in this directory beginning with the letter P.
Paralegal
A non-lawyer who performs routine tasks requiring some knowledge of the law and procedures and who is employed by a law office or works free-lance as an independent for various lawyers.
Peace bond
A bond required as part of a court order to guarantee that a person will stay away from another person he/she has threatened or bothered. The bond will be forfeit (given up) if the order is violated, but that is no consolation to a person injured, molested or murdered by the violator.
Peer
An equal. A “jury of one’s peers,” to which criminal defendants are constitutionally entitled, means an impartial group of citizens from the judicial district (e.g. County) in which the defendant lives
Penal
Referring to criminality, as in defining “penal code” (the laws specifying crimes and punishment), or “penal institution” (a state prison or penitentiary confining convicted felons).
Penalty
In criminal law, a money fine or forfeiture of property ordered by the judge after conviction for a crime.
Per curiam
Latin for “by the court,” defining a decision of an appeals court as a whole in which no judge is identified as the specific author.
Plain error
A mistake by the trial court found by a court of appeals to be very obvious and sufficient to require reversal of the trial decision.
Plaintiff
The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
Plea
In criminal law, the response by an accused defendant to each charge of the commission of a crime.
Political question
The determination by a court (particularly the supreme court) that an issue raised about the conduct of public business is a “political” issue to be determined by the legislature (including congress) or the executive branch and not by the courts.
Possession of stolen goods
The crime of possession of goods which one knows or which any reasonable person would realize were stolen. It is generally a felony.
Post mortem
Latin for “after death,” an examination of a dead body to determine cause of death, generally called an autopsy.
Pour over will
A will of a person who has already executed a trust in which all property is designated to be distributed or managed upon the death of the person whose possessions are in trust, leaving all property to the trust.
Power of attorney
A written document signed by a person giving another person the power to act in conducting the signer’s business, including signing papers, checks, title documents, contracts, handling bank accounts and other activities in the name of the person granting the power.
Preference
In bankruptcy, the payment of a debt to one creditor rather than dividing the assets equally among all those to whom he/she/it owes money, often by making a payment to a favored creditor just before filing a petition to be declared bankrupt.
Pro bono
Short for pro bono publico, latin for “for the public good,” legal work performed by lawyers without pay to help people with legal problems and limited or no funds, or provide legal assistance to organizations involved in social causes such as environmental, consumer, minority, youth, battered women and education organizations and charities.
Pro forma
Latin for “as a matter of form,” the phrase refers to court rulings merely intended to facilitate the legal process .
Pro hac vice
Latin for “this time only,” the phrase refers to the application of an out-of-state lawyer to appear in court for a particular trial, even though he/she is not licensed to practice in the state where the trial is being held. The application is usually granted, but sometimes the court requires association with a local attorney.
Pro se
Latin for “for himself.” a party to a lawsuit who represents himself (acting in propria persona) is appearing in the case “pro se.”
Pro tem
Short for the latin pro tempore, temporarily or for the time being. In law, judge pro tem normally refers to a judge who is sitting temporarily for another judge or to an attorney who has been appointed to serve as a judge as a substitute for a regular judge.
Probable cause
Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime.
Probation
A chance to remain free (or serve only a short time) given by a judge to a person convicted of a crime instead of being sent to jail or prison, provided the person can be good.
Proceeding
Any legal filing, hearing, trial and/or judgment in the ongoing conduct of a lawsuit or criminal prosecution. Collectively they are called “proceedings,” as in “legal proceedings.”
Prohibition
Forbidding an act or activity. A court order forbidding an act is a writ of prohibition, an injunction or a writ of mandate (mandamus) if against a public official.
Prosecute
In criminal law, to charge a person with a crime and thereafter pursue the case through trial on behalf of the government.
