Legal Glossary

P

pardon - Action by an official of an executive branch of government relieving a criminal from a conviction.
parol evidence - Oral or verbal evidence rather than written. The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract.

parties - The persons who are actively involved in the prosecution or defense of a legal proceeding, including the plaintiff or prosecution, the defendant and any "third party defendant."

peremptory challenge - Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason. The number of peremptory challenges is fixed by law, according to the nature of the case.

perjury - Lying while under oath.

petition - The pleading which filed commences the litigation in a civil case. It contains the allegations and request for relief and/or for recovery of money by the plaintiff.

petit jury - The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case. So called to distinguish it from the grand jury.

plaintiff - A person who files a lawsuit.

plea - The defendant's formal response to a criminal charge (guilty, not guilty, nolo contendere, not guilty by reason of insanity, and guilty and mentally ill).

plea bargaining - A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements.

pleading - The formal allegation by the parties to a law suit with the intended purpose being to provide notice of what is to be expected at trial.

preliminary examination - The hearing available to a person charged with a felony to determine if there is enough evidence (probable cause) to hold him for trial.

preliminary hearing - A probable cause hearing in Circuit Court which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial in the District Court. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing.

preliminary injunction - In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering, a party to carry out a specified activity.

premeditation - Decision or plan to commit a crime before committing the crime.

pre-sentence report - An investigation conducted at the request of the court after a person has been found guilty of a crime. The purpose is to provide the court with extensive background information to determine the appropriate sentence.

presentment (First appearance) - Every defendant enters a trial presumed to be innocent. This presumption remains until and unless the state overcomes the presumption by competent evidence of guilt.

presumption of law - A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.

prima facie - Literally, "on its face. " A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rest, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict.

privileged communications - probable cause - A judicial finding that there exists reasonable grounds for belief that a person should be arrested or searched.

probate - proximate cause - In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury or loss. Similarly, in a criminal action, the state must prove beyond a reasonable doubt that the defendant's action was the direct cause of the crime.

public defender - lawyers regularly employed by the government to represent people accused of crimes who cannot afford to hire their own.

punitive damages - Money awarded to an injured person, over and above the measurable value of the injury, in order to punish the person who hurt him.