Panel: (1) In appellate cases, a group of
judges (usually three) assigned to decide the case; (2)
in the jury selection process, the group of potential
jurors.
Parties: Plaintiffs and defendants
(petitioners and respondents) to lawsuits, also known as
appellants and appellees in appeals, and their lawyers.
Partition: A court action to divide property.
Typically taken when a property is jointly owned and a
dispute arises about how to divide it.
Partnership: An association of two or more
people who agree to share in the profits and losses of a
business venture.
Penalty Phase: The second part of a bifurcated
trial, in which the jury hears evidence and then votes
on what penalty or damages to impose.
Peremptory Challenges: Limited number of
challenges each side in a trial can use to eliminate
potential jurors without stating a reason. Challenges
may not be used to keep members of a particular race or
sex off the jury.
Personal Guardian: Person appointed to take
custody of children and provide for their care and
upbringing. Distinguished from property guardian.
Personal Representative: A person who manages
the legal affairs of another, such as a power of
attorney or executor.
Petit Jury: A group of citizens who hear the
evidence presented by both sides at trial and determine
the facts in dispute. Federal civil juries consist of
six persons. Distinguished from a grand jury.
Petition: A written application to the court
asking for specific action to be taken.
Plaintiff: The person who initiates a lawsuit.
Pleadings: In a civil case, the allegations by
each party of their claims and defenses.
Power of Attorney: The authority to act
legally for another person.
Precedent: A previously decided case that is
considered binding in the court where it was issued and
in all lower courts in the same jurisdiction.
Prejudgment Interest: Prejudgment interest is
the amount of interest that accrues on the value of an
injured consumer's claim between the time he or she
files a case and the final judgment. Some states
penalize victims by prohibiting pre-judgment interest or
by imposing very low limits on pre-judgment interest
rates. Laws that limit prejudgment interest can delay
timely settlements or judgments in civil cases by
reducing the monetary incentive that defendants have to
resolve cases expeditiously.
Preponderance of the Evidence: The level of
proof required to prevail in most civil cases. The judge
or jury must be persuaded that the facts are more
probably one way (the plaintiff's way) than another (the
defendant's).
Pre-sentencing Report: A report prepared by a
probation department, for a judge, to assist in
sentencing. Typically contains information about prior
convictions and arrests, work history and family
details.
Pretrial Conference: A meeting of the judge
and lawyers to discuss which matters should be presented
to the jury, to review evidence and witnesses, to set a
timetable, and to discuss the settlement of the case.
Pre-Trial Diversion: A program in which a
defendant essentially is put on probation for a set
period of time and his or her case does not go to trial
during that time. If the defendant meets the conditions
set by the court, then the charge will be dismissed.
Prima Facie: Latin for "at first
view." Refers to the minimum amount of evidence a
plaintiff must have to avoid having a case dismissed. It
is said that the plaintiff must make a prima facie case.
Privileged Communication: Conversation that
takes places within the context of a protected
relationship, such as that between an attorney and
client, a husband and wife, a priest and penitent, and a
doctor and patient.
Pro se: Latin phrase that means "for
himself." A person who represents himself in court
alone without the help of a lawyer is said to appear pro
se.
Procedure: The rules for the conduct of a
lawsuit; there are rules of civil, criminal, evidence,
bankruptcy, and appellate procedure.
Product Liability Defences: The doctrine of
"strict liability" has long applied in suits
involving defective products. Strict liability ensures
that one who is responsible for bringing a dangerously
defective product into the marketplace or workplace
compensates those injured by the product. This forces
plaintiffs, who are at a distinct disadvantage when it
comes to knowledge about technical design alternatives,
to prove the existence of such alternatives when this
defense is raised. Other laws immunize manufacturers
that produce products with design defects if the
products have "obvious risks," like tobacco,
or are considered "unavoidably unsafe," like
guns -- even if a defective gun accidentally discharges
and kills someone.
Promissory Note: A written document in which a
borrower agrees (promises) to pay back money to a lender
according to specified terms.
Property Guardian: Person appointed to oversee
property left to a minor in a will. Distinguished from a
personal guardian.
Punitive Damages: Money awarded to a victim
that is intended to punish a defendant and stop the
person or business from repeating the type of conduct
that caused an injury. Also intended to deter others
from similar conduct.
