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Glossary

personal recognizance When a person is released from custody before trial on his or her promise to return for further proceedings.	petit jury The twelve (or fewer) jurors selected to sit in the trial of a civil or criminal case.

petitioner Person filing an action or appealing from a lower courts judgment.	plea The defendants declaration of guilty or not guilty, in response to the criminal charges contained in the information or indictment.

plea bargain The process by which an accused person agrees to plead guilty to some of the charges in return for the governments promise to drop some of the charges.	pleadings Written statements of fact and law filed by the parties to a lawsuit. Comprised of complaints, answers and replies.

polling the jury A practice whereby the jurors are asked individually whether they agreed, and still agree, to the verdict.	pour-over will A will that leaves some or all estate assets to a trust established before the will-makers death.

prejudicial error Synonymous with "reversible error"; an error that warrants the appellate court in reversing the judgment before it.	preliminary hearing Criminal hearing at which a judge determines whether sufficient evidence exists to warrant trying an individual charged with a crime.

preponderance of evidence The greater weight of evidence, or evidence that is more credible and convincing to the mind, but not necessarily the greater number of witnesses.	pre-sentence investigation An inquiry conducted at the request of the court after a person has been found guilty of a criminal offense. Provides the court with extensive background information to determine an appropriate sentence.

presumption A rule of law that courts and judges will draw a particular inference from a particular fact, or from particular evidence.	pretermitted child A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.

pre-trial conference A meeting in which attorneys for both sides meet the judge in advance of the trial to seek to clarify or narrow the issues.	prima facie case The minimum amount of evidence a plaintiff must produce to overcome a motion to dismiss.

probation A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.	probable cause Reasonable belief that an individual has committed a crime.

probate court The court with authority to supervise estate administration.	probate estate Estate property that may be disposed of by a will.

pro se A Latin term meaning "on ones own behalf"; in courts, it refers to persons who present their own cases without lawyers.	prosecutor Government lawyer who tries criminal cases.

public defender Lawyer employed by the government to represent individuals accused of crimes who cannot afford to hire their own attorney privately.	parole The supervised, conditional release of a prisoner.

parties The persons who are actively involved with the prosecution or defense of a legal proceeding. Plaintiffs and defendants are parties to lawsuits, appellants and appellees are parties in appeals. (They may also be known as petitioners and respondents).	patent A governments grant giving an inventor the exclusive right to make or sell his or her invention for a term of years.

peremptory challenge A motion to reject a juror for an unspecified race-neutral reason. May only be used a limited number of times.	puffing A statement of belief not meant as fact; a sellers extravagant statements to enhance his wares and induce others to buy the product. Salesmanship talk, characterized as puffing, cannot be the basis of a charge of fraud or express warranty, since the buyer is said to have no right to rely on sales talk.

parol evidence rule The rule that any spoken or written words in conflict with what the written contract states cannot be introduced as evidence in a court of law.	particle trespass The unauthorized entry of polutant particles onto another person's property.

password A secret series of characters that allows a user to access a file, computer, or program.	past consideration A promise to repay someone for a benefit after it has been received.

payee The party to a promissory note to whom the promies is made.	periodic tenancy A possession interest in which a lease continues for successive periods for the same length of time.

perjury The crime of intentionally giving false oral or written statements under oath in a judicial proceeding after having sworn to tell the truth.	personal defense A defense against payment of commercial paper that may be used against any party except a holder in due course.

personal property All kinds of property other than real property, such as automobile, clothing, a computer and so on. It can be tangible or intangible.	personal-service contract A contract in which a certain party hires a specific person to perform certain duties and who has a substantial interest in having only the hired person perform.

personal representatives The person responsible for settling affairs of the decendent.	plaintiff The party who begins a lawsuit by filing a complaint in the appropriate court.

pledge A promise to donate money to a church, hospital, charity or other organization.	postdated check A check drawn when a person has insufficient funds, but dated such that the sufficient funds will be available when it is cashed.

power of attorney An instrument in writing by which one person, as principle, appoints another person as agent and confers the authority to perform certain specified acts on behalf of the principle.	precedent A model case that a court can follow when facing a similar situation.

preexisting duty An obligation that a party is already bound to by law or by some other agreement. The party may not use this as consideration in a new contract.	presentment when the holder of a note tenders it to the maker adn demands payment, or shows a draft to the drawer and requests its acceptance or payment, on or after maturity date at the palce stated in the instruction.

primary market The market in which an issuer (a corporation) sells its securities to the public.	principal A person who authorizes as agent to act on her or his behalf and subject to her or his control.

private nuisance A nuisance that impacts private property.	product liability The liability of a manufacturer or seller for injury to users and third parties.

professional A person who does higly specialized work that depends on special abilities, education, experience, and knowledge.	promisee In the making of a contract, the party to whom the promise is made.

promisor In the making of a contract, the party who makes a promise.	promissory note A written note or letter in which one person promises to pay certain amount of money to another as a definite time.

proper form The requirement that the form of a contract be correct for the terms of a contract to be enforceable.	property Tangible and intangible possessions of which one can have ownership.

public figure A person who has voluntarily chosen a lifestyle that in a free society naturally exposes them to close scrutiny by the media. To prevail for defamation, these figures must prove that false statements were made with actual malice.	public nuisance A nuisance that impacts public property.

puffery A general expression of opinion, typically in a sales context, that is used to persuade a prospective purchaser to buy. It does not constitute a misrepresentation of material fact or cause a warranty.