Glossary

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Term Definition
Order

A written or oral command from a court directing or forbidding an action.

Ore tenus motion

An oral motion before the court.

Overrule

A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.

 

Parens patriae

The doctrine under which the court protects the interests of a juvenile.

Parole

The supervised conditional release of a prisoner before the expiration of his/her sentence. If the parolee observes the conditions, he/she need not serve the rest of his/her term.

Party

A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.

Patent

A government grant giving an inventor the exclusive right to make or sell his/her invention for a term of years.

Perjury

The criminal offense of making a false statement under oath.

Permanent injunction

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

Person in need of supervision

Juvenile found to have committed a status offense rather than a crime that would provide a basis for a finding of delinquency. Typical status offenses are habitual truancy. Violating a curfew, or running away from home. These are not crimes, but they might be enough to place a child under supervision. In different states, status offenders might be called children in need of supervision or minors in need of supervision.

Personal property

Tangible physical property (such as cars, clothing, furniture and jewelry) and intangible personal property. This does not include real property such as land or rights in land.

Personal recognizance

In criminal proceedings, the pretrial release of a defendant without bail upon his/her promise to return to court. See also own regognizance.

Personal representative

The person who administers an estate. If named in a will, that person's title is an executor. If there is no valid will, that person's title is an administrator.

Petitioner

The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing party is called the respondent.

Plaintiff

The person who files the complaint in a civil lawsuit. Also called the complainant.

Plea

Defendant's answer to the charge - guilty, not guilty or nolo contendere.

Plea

In a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.

Plea bargaining or plea negotiating

The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped. Such bargains are not binding on the court.

Plea negotiation

Negotiations arrived at by the state and the defense for a fair disposition of the case and requiring approval by the court.

Pleadings

The written statements of fact and law filed by the parties to a lawsuit.