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P

Definitions for legal terms and law concepts beginning with P
Paralegal
A person who is not a lawyer or is not acting in that capacity but who provides a limited number of legal services. - (see definition)
Pardon
A pardon is a government decision to allow a person who has been convicted of a crime, to be free and absolved of that conviction, as if never convicted. - (see definition)
Parens patriae
Parens patriae (Latin): A British common law creation whereby the courts have the right to make unfettered decisions concerning people who are not able to take care of themselves. - (see definition)
Pari delicto
Latin for of equal fault. - (see definition)
Pari passu
Latin: Equitably and without preference. - (see definition)
Parole
An early release from incarceration in which the prisoner promises to heed certain conditions (usually set by a parole board) and under the supervision of a parole officer. - (see definition)
Parol Evidence Rule
Verbal evidence is inadmissible to vary or contradict the terms of a written agreement. - (see definition)
Parricide
Killing one's father or another a family member or close relative. - (see definition)
Partnership
A business organization in which two or more persons carry on a business together. - (see definition)
Par value shares
Shares issued by a company which have a minimum price. - (see definition)
Passing-Off
The Tort of Passing-Off - (see definition)
Patent
An exclusive privilege granted to an inventor to make, use or sale an invention for a set number of years (eg. in Canada, 17 years). - (see definition)
Patentee
Patentee: a person to whom a patent has been granted; who appears on the official government registry of patent owners. - (see definition)
Paternity
Being a father. Paternity suits are launched when a man denies paternity of a child born out of wedlock. - (see definition)
Pauper's Oath
An affidavit of indigence, of poverty. - (see definition)
Payee
The person to whom payment is addressed or given. - (see definition)
Payor
The person who is making the payment(s). - (see definition)
Pedophile
A person afflicted with pedophilia, a sexual perversion in which children are preferred as sexual partner. - (see definition)
Pen register
An electronic surveillance device which attaches to a phone line and which registers every number dialed from a specific telephone. This surveillance device is not as effective as wire-tapping. - (see definition)
Pendente lite
Latin: during litigation. For example, if the validity of a will is challenged, a court might appoint an administrator pendente lite with limited powers to do such things as may be necessary to preserve the assets of the deceased until a hearing can be convened on the validity of the will. - (see definition)
Pension
A private or government fund (or payments therefrom), from which intermittent and regular benefits or allowances are paid to a person upon his or her retirement or disability. - (see definition)
Percolating water
Water which seeps or filters through the ground without any definite channel and not part of the flow of any waterway. The best example is rain water. - (see definition)
Peremptory
Final or absolute or not open to challenge. - (see definition)
Performance Bond
A bond contract wherein the third-party, in exchange for a fee, secures another's fulfillment of, or performance on, a contract. - (see definition)
Perjury
An intentional lie given while under oath or in a sworn affidavit. - (see definition)
Permanent Resident
An individual who has status in a country usually less than citizenship but more than just a visitor. - (see definition)
Perpetuating testimony
The recording of evidence when it is feared that the person with that evidence may soon die or disappear and that this person's evidence, if recorded, could then be used in the future to prevent a possible injustice or to support a future claim of property. - (see definition)
Perpetuity
Forever; of unlimited duration. There is a strong bias in the law against things that are to last in perpetuity. - (see definition)
Person
An entity with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law. - (see definition)
Personal Property
Chattels, goods, property other than real property. - (see definition)
Personal representative
In the law of wills, this is the general name given to the person who administers the estate of a deceased person. - (see definition)
Petition
The formal, written document submitted to a court, and which asks for the court to redress what is described in the petition as being an injustice of some kind. - (see definition)
Pettifogger
A petty or underhanded lawyer or an attorney who sustains a professional livelihood on disreputable or dishonorable business. - (see definition)
Petty offense
A minor crime and for which the punishment is usually just a small fine or short term of imprisonment. - (see definition)
Physical custody
A child custody decision which grants the right to organize and administer the day to day residential care of a child. - (see definition)
Picket
To object publicly, on or adjacent to the employer's premises, to an employer's labor practices, goods or services. The most common form of picketing is patrolling with signs. - (see definition)
Pillory
A medieval punishment and restraining device made of moveable and adjustable boards through which a prisoner's head or limbs were pinned. - (see definition)
Plaintiff
The person who brings an case to court; who sues. - (see definition)
Plea bargaining
Negotiations during a criminal trial, between an accused person and a prosecutor in which the accused agrees to admit to a crime (sometimes a lesser crime than the one set out in the original charge), avoiding the expense of a public trial, in exchange for which the prosecutor agrees to ask for a more lenient sentence than would have been recommended if the case had of proceeded to full trial. - (see definition)
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. - (see definition)
Poach
To kill or take an animal or fish from the property of another. - (see definition)
Point of Order
A term of parliamentary law and procedure which refers to an interjection during a meeting by a member, who does not have the floor, to call the attention of the chair to an alleged violation or breach of the assembly’s or meeting’s rules of order. - (see definition)
Polygamy
Being married to more than one person. Illegal in most countries. - (see definition)
Polygraph
A lie-detector machine which records even the slightest variation in blood pressure, body temperature and respiration as questions are put to, and answers elicited from a subject. - (see definition)
Pornography
The portrayal of sexual acts solely for the purpose of sexual arousal. - (see definition)
Positive Law
Law proper, as opposed to moral laws, or to natural/“God-made” law. - (see definition)
Postal rule
A rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror. - (see definition)
Postnuptial agreement
A separation agreement. - (see definition)
Power of attorney
A document which gives a person the right to make binding decisions for another, as an agent. - (see definition)
Præcipe or precipe
Latin: used to refer to the actual writ that would be presented to a court clerk to be officially issued on behalf of the court but now mostly refers to the covering letter from the lawyer (or plaintiff) which accompanies and formally asks for the writ to be issued by the court officer. - (see definition)
Praemunire
An offence initially to prefer the Pope or his authority as against the King of England or Parliament, but later included a wide assortment of offenses against the King and always leading to serious penalties. - (see definition)
Precatory words
Words that express a wish or a desire rather than a clear command. - (see definition)
Precedent
A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. - (see definition)
Preferred shares
A share in a company that has some kind of special right or privilege attached to it, such as that it is distinguished from the company’s common shares. - (see definition)
Preponderance
A word describing evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. - (see definition)
Prescription
A method of acquiring rights through the silence of the legal owner. - (see definition)
Presumption of Advancement
A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust. - (see definition)
Presumption of Death
A presumption such that after a number of years, or events, an individual is presumed dead and his estate managed accordingly. - (see definition)
Presumption of Fact
A conclusion of fact constructed logically from other proven facts. - (see definition)
Presumption of Innocence
A legal presumption that benefits a defendant in a criminal case and which results in acquittal in the event that the prosecutor does not prove guilt beyond a reasonable doubt. - (see definition)
Prima facie
(Latin) A legal presumption which means on the face of it or at first sight. Law-makers will often use this device to establish that if a certain set of facts are proven, then another fact is established prima facie. - (see definition)
Primogeniture
Primogeniture - oldest son inherits. - (see definition)
Principal
An agent’s master; the person for whom an agent has received instruction and to whose benefit the agent is expected to perform and make decisions. - (see definition)
Private law
Law which regulates the relationships between individuals. Family, commercial and labor law are examples of private law because the focus of those kinds of laws is the relationships between individuals or between corporations or organizations and individual, with the government a bystander. - (see definition)
Privilege
A special and exclusive legal advantage or right such as a benefit, exemption, power or immunity. - (see definition)
Privileged Will
A will valid in spite of defect of form, when made by mariners or soldiers. - (see definition)
Probate
The formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will. - (see definition)
Probation
A kind of punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly and according to a set schedule. - (see definition)
Pro bono
Provided for free. Pro bono publico means for the public good. - (see definition)
Profit à prendre
A servitude which resembles an easement and which allows the holder to enter the land of another and to take some natural produce such as mineral deposits, fish or game, timber, crops or pasture. - (see definition)
Pro forma
As a matter of form; in keeping with a form or practice. Something done pro forma may not be essential but it facilitates future dealings. - (see definition)
Prohibition
A legal restriction against the use of something or against certain conduct. For example, in the 1920s, both the USA and Canada enacted liquor prohibitions, outlawing the manufacture or use of alcoholic beverages. - (see definition)
Promisee
A person whom is to be the beneficiary of a promise, an obligation or a contract. - (see definition)
Promisor
The person who has become obliged through a promise (usually expressed in a contract) towards another, the intended beneficiary of the promise being referred to as the obligor - (see definition)
Promissory Estoppel
A promise made to another party to a contract that the contract will not be enforced in whole or in part and which, once acted upon, prevents subsequent proceedings to enforce the contract as against the person who relied on the promise. - (see definition)
Promissory note
An unconditional, written and signed promise to pay a certain amount of money, on demand or at a certain defined date in the future. - (see definition)
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. - (see definition)
Propinquity
Nearness in place; close-by. Also used to describe relationships as synonymous for kin. - (see definition)
Pro possessore
As a possessor. For example, a person may exercise certain rights over a thing not as owner but pro possessore: as a person who possesses, but does not own, the thing. - (see definition)
Propound
To offer a document as being authentic or valid. - (see definition)
Pro rata
Latin: to divide proportionate to a certain rate or interest. - (see definition)
Proprietor
Owner. - (see definition)
Pro se
Latin: in one’s personal behalf. Contrast with pro socio. - (see definition)
Pro socio
Latin: on behalf of a partner; not on one's personal behalf. - (see definition)
Prosecute
To bring judicial proceedings against a person and to administer them until the conclusion of the court proceedings. Lawyers are hired by the government to administer the prosecution of criminal charges in the courts. - (see definition)
Prospectus
A document in which a corporation sets out the material details of a share or bond issue and inviting the public to invest by purchasing these financial instruments. - (see definition)
Prostitute
Prostitute: A person who engages in prostitution; who offers lewd acts for the gratification of the customer and in exchange for payment. - (see definition)
Pro tempore
Latin: something done temporarily only and not intended to be permanent. - (see definition)
Proxy
A written appointment given by a voting member of an organization to another person allowing the proxy holder to attend a specific meeting on the member’s behalf, including the exercise of the member’s voting rights. - (see definition)
Public Defender
An attorney in the USA paid for by the state but representing an indigent individual in a criminal matter. - (see definition)
Public domain
A term of American copyright law referring to works that are not copyright protected, free for all to use without permission. - (see definition)
Public law
Those laws which regulate (1) the structure and administration of the government, (2) the conduct of the government in its relations with its citizens, (3) the responsibilities of government employees and (4) the relationships with foreign governments. - (see definition)
Puisne
Junior or lower in rank, as opposed to the chief justice. For example, there are 8 puisne judges on the Supreme Court of Canada and a chief justice. - (see definition)
Punitive damages
special and highly exceptional damages ordered by a court against a defendant where the act or omission which caused the suit, was of a particularly heinous, malicious or highhanded nature. - (see definition)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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