-P-

PARENS PATRIAE: Latin for "parent of his country." Used when the government acts on behalf of a child or mentally ill person. Refers to the "state" as the guardian of minors and incompetent people.

PAROLE: A system for the supervised release of prisoners before their terms are over. Congress has abolished parole for people convicted of federal crimes, but most states still offer parole.

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.

PATENT: A document issued to an inventor by the United States Patent and Trademark Office. Contains a detailed description of what the invention is and how to make or use it and provides rights against infringors.

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.

PENSION PLAN: An employer's program for providing retirement income to eligible employees.

PEREMPTORY CHALLENGES: Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason. May not be used to keep members of a particular race or sex off the jury.

PERJURY: A crime in which a person knowingly makes a false statement while under oath in court. In some jurisdictions, making a false statement in a legal document can also be considered perjury.

PERSONAL GUARDIAN: Person appointed to take custody of children and provide for their care and upbringing. Distinguished from property guardian.

PERSONAL RECOGNIZANCE: Sometimes called own recognizance. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her personal recognizance.

PERSONAL REPRESENTATIVE: A person who manages the legal affairs of another, such as a power of attorney or executor.

PETIT JURY: The jurors empaneled to hear a civil or criminal trial. Distinguished from a grand jury.

PETITION: A written application to the court asking for specific action to be taken.

PETITION FOR PROBATE: The document that summarizes a will's provisions and names the heirs.

PETTY OFFENSES: Minor crimes, such as traffic violations, which are generally punishable by a fine or short jail term.

PHYSICAL CUSTODY: In a divorce, one of two types of child custody. A parent who has physical custody lives most of the time with the child.

PIERCING THE CORPORATE VEIL: A legal concept through which a corporation's shareholders, who generally are shielded from liability for the corporation's activities, can be held responsible for certain actions.

PLAINTIFF: The person who initiates a lawsuit.

PLEA BARGAIN: An negotiated agreement between the defense and the prosecution in a criminal case. Typically the defendant agrees to plead guilty to a specified charge in exchange for an oral promise of a lower sentence.

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.

PRELIMINARY HEARING: Legal proceeding used in some states in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime. If the judge is convinced probable cause exists to charge the person, then the prosecution proceeds to the next phase. If not, the charges are dropped.

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.

PRE-TRIAL DIVERSION: Also known as adjournment in contemplation of dismissal or conditional dismissal. 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. The law often protects against forced disclosure of such conversations.

PRO SE: (pronounced pro say) 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.

PROBABLE CAUSE: A reasonable belief that a person has committed a crime.

PROBATE: The legal process in which a court oversees the distribution of property left in a will.

PROBATION: The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in incarceration. In the employment context, probation refers to the trial period some new employees go through.

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.

PROSECUTOR: The government lawyer who investigates and tries criminal cases. Typically known as a district attorney, state's attorney, or United States attorney.

PROTECTIVE ORDER: In litigation, an order that prevents the disclosure of sensitive information except to certain individuals under certain conditions. In a domestic dispute, an order that prevents one party from approaching another, often within a specified distance.

Proximate Cause: That which in the normal chain of events would occur, unless there is an intervenning act to change the course of an event.