Phrase |
Definition |
| Precedent |
A court decision in an earlier case that the court uses to decide similar new cases. |
| P.O.D. Account |
See Totten trust account. |
| Parens Patriae Doctrine |
The power of the state to act in the parents’ place to protect a child or his or her property. |
| Parentage |
Who the birth (biological) parents of a child are. |
| Parenting Plan |
A detailed custody and visitation agreement. |
| Parenting Without Violence Class |
A judge can send parents to this class to learn how to keep violence out of their lives and their children’s lives. |
| Party |
One of the sides in a court case. The person who started the case is called the plaintiff or petitioner. The person being sued is called the defendant or respondent. |
| Paternity |
See Parentage. |
| Penalty |
Punishment for breaking a law. |
| Per Capita |
For each person equally. For example, dividing an estate equally among the heirs. |
| Per Stirpes |
By representation. For example, dividing an estate by right of representation. |
| Perjury |
A false statement made on purpose while under oath in a court proceeding. |
| Permanency Planning |
A court action that gives a dependent child a permanent place to live. For example, adoption or guardianship. |
| Permanency Planning Hearing |
A hearing to give a dependent child a permanent place to live. The hearing happens up to 18 months after the child is taken away from the parents. |
| Personal Property |
Things that you own and can move, like furniture, equipment, or paintings. There are 2 types: tangible property and intangible property. Land and buildings are called real property. |
| Personal Representative |
A person picked by the court to collect, manage and distribute a person’s probate assets when they die. |
| Personal Service |
Handing a copy of court papers directly to the person who is served. |
| Petition |
A court paper that asks the court to take action. For example, in juvenile cases, the Petition starts the court case. |
| Petitioner |
A person who presents a petition to the court. |
| Physical Custody |
Where the children live, who takes care of them, and how much time they spend with each parent. With joint physical custody children spend a lot of time with both parents. With sole physical custody children live with one parent and have visitation with the other parent. |
| Plaintiff |
The person or company that files a lawsuit. |
| Plaintiff Claim and Order to Defendant |
The form that you fill out and file to start a lawsuit in small claims court. The defendant must be served with a copy. |
| Plea |
In a criminal case, the defendant's answer to the charges. S/he can plead guilty or not guilty. |
| Plea Bargain |
An agreement between the prosecutor and the defendant. It lets the defendant plead guilty to a less serious charge, if the court approves. |
| Pleading Paper |
Special paper used to write legal documents. It has line numbers on the left-hand side of the page. |
| Pleadings |
Formal papers from both sides of a case that say what their legal claims and defenses are and what they want from the court. |
| Points and Authorities |
Court papers that say the points you want to make and all the legal arguments to support them. They include references to past cases, statutes, and other legal papers. |
| Pour-Over Will |
A Will that says what happens to property that isn’t included in an inter vivos trust. The property will be dealt with the same way as all the other assets in the inter vivos trust. |
| Power of Appointment |
A right you get from a Will or trust to decide who gets certain assets. A general power of appointment lets you choose anyone, including yourself, to get something. A special power of appointment doesn’t let you give the property to yourself, your estate or your creditors. It can also have other rules. |
| Power of Attorney |
A paper that you (the principal) sign to give someone else (the agent or attorney in fact) the power to do certain things for you. You decide what powers the agent has. You can let your agent make financial, health or very limited and specific decisions for you. |
| Prejudice |
When an act or decision affects a person's rights in a negative way. |
| Preliminary Examination |
When the court hears evidence to decide if there is enough cause to hold the accused for trial on a felony charge. Also called Preliminary Hearing. |
| Preponderance Of the Evidence |
To win a civil case, the plaintiff has to prove that most of the evidence (also known as Preponderance of the evidence) is on his or her side. |
| Pretermitted Heir |
A forgotten heir. This can be a child born after the Will was written or a spouse who married the testator after the Will was written. Sometimes, the pretermitted heir can get what s/he would have inherited if the person had died without a Will. (This is called an intestate share of the estate.) |
| Pretrial Conference |
Any time both sides of the case go to court before trial. In criminal cases, it’s usually when the defendant and prosecutor talk about settling the case. |
| Principle of Representation |
A way to divide property among the children of someone who died. The estate is divided into as many parts as there are living children, and children who died if they also had children. The children take their shares and the children of the child who died divide their shares the same way. |
| Prior |
A word usually used to talk about a past conviction. |
| Pro Per |
If you go to court without a lawyer, you are called a pro per. |
| Pro tem judge |
A lawyer who volunteers to hear and decide cases. Also called a temporary judge. |
| Pro Tempore |
Same as a pro tem, or temporary judge. A referee, commissioner, or lawyer who temporarily replaces a judge. Comes from the Latin for for the time being or temporarily. |
| Probable Cause |
A good reason for believing that a charge or fact is true. |
| Probate |
The legal process to prove that the Will of a dead person (called the decedent) is valid and to choose a personal representative for the estate. People use the word Probate to talk about everything that has to do with administering the estate, like paying taxes and marshalling assets. |
| Probate Bond |
A promise made by an insurance company to pay back the estate if the personal representative uses the estate’s assets inappropriately. |
| Probate Court |
The department of the court that deals with wills, estates, conservatorships, and guardianships. |
| Probate Estate |
All the assets in an estate that are subject to probate. This does not include all property. For example, property in joint tenancy, or an IRA account are not part of the probate estate. |
| Probate Homestead |
When a person dies, his or her spouse and children under 18 have the right to keep living in the house that the dead person owned. No one else can claim a right to that property until the child turns 18 and/or the spouse dies. |
| Probate Referee |
A person named by the State Controller’s Office to decide what the value of a person’s assets is on the day s/he dies. This is done for probate or tax reasons. |
| Probation |
The sentence that a defendant gets instead of jail or prison time. For felony cases and some misdemeanors, the probation department writes a pre-sentence report to help the judge decide if probation is the right choice. In formal probation, the defendant is usually supervised by a probation officer. |
| Proceedings |
Usually, the process of conducting judicial business in front of a court or other judicial officer. A proceeding is any of the separate steps in that process, like, a motion or hearing. |
| Process |
Court papers that tell a person that s/he is being sued. |
| Process Server |
A person who gives court papers to a party in a case. Or, people or companies who get paid to serve people. |
| Pronouncement Of Judgment |
When the judge formally makes a decision in a case. |
| Proof of Service |
A form filed with the court that proves that court papers were properly served on (delivered to) someone. |
| Prosecuting Attorney |
A public officer who prosecutes criminal cases for the state. Also called the district attorney, or DA. |
| Prosecution |
The party that starts a criminal case and that files criminal charges. The prosecution is the lawyer for the state. A common name for the State’s side of the case. |
| Protected Party |
The person who is protected by a restraining order. |
| Public Defender |
A lawyer picked by the court to represent a defendant who can't afford a lawyer. |
| Public Offense |
A crime. Compare to private or civil wrongs that break private laws, like a contract between two people. Criminal law focuses on what the offender did (and how to punish him or her), and civil law focuses on the injured person (and how to compensate him or her). |
| Public Record |
A court record that the general public can look at. |