术语	定义
pain and suffering	Physical and/or emotional distress1 compensable as an element of damage in torts.
pardon	Form of clemency2 releasing one from the penalties of a criminal conviction.
parens patriae (PAH renz PATE4 ree eye)	Doctrine5 under which the government protects the interests of a minor7 or incapacitated person.
parole	Supervised, conditional8 release of a prisoner before expiration9 of his/her sentence.
party	One who files a lawsuit10 or against whom a lawsuit is filed.
patent	Government grant giving an inventor exclusive right to make or sell his/her invention for a term of years.
penal3	Of, relating to or involving punishment or penalties.
penal code	Code of laws concerning crimes and offenses12 and their punishment.
pendente lite (pen DEN13 tee LYE teh)	During the progress of a lawsuit; contingent14 on the outcome of the suit.
per curiam (per KYUR ee uhm)	See opinion.
peremptory15 challenge (peh REMP teh ree)	Challenge which may be used to reject a certain number of prospective16 jurors without giving reason. Compare challenge for cause.
perjury17	Deliberately18 making a false or misleading statement under oath.
permanent injunction	Court order requiring or forbidding action, granted after final hearing has been held on its merits. (Does not necessarily last forever.) Compare preliminary injunction.
personal jurisdiction19	Adjudicative power of a court over an individual.
personal property	Any movable physical property or intangible property which may be owned. Does not include real property such as land or rights in land.
personal recognizance	Release of a defendant20 without bail21 upon promise to return to court as required. Also known as releasing one "on his own recognizance."
personal representative	Person who administers legal affairs of another because of incapacity or death.
petit jury (PEH tee)	Jury composed of six to twelve persons who hear evidence presented at a trial and determine the facts in dispute. Compare grand jury.
petition	Written request to a court asking for a particular action to be taken.
petitioner24	See plaintiff.
plaintiff	Person, corporation, legal entity25, etc., initiating26 a civil lawsuit. Also called complainant or petitioner.
plea	Defendant's formal response to a criminal charge. Plea may be guilty, not guilty or nolo contendere (no contest).
plea bargaining	Mutually satisfactory disposition27 of a case negotiated between accused and prosecutor28. Usually defendant pleads guilty to lesser29 charge/s in exchange for reduced sentence or dismissal of other charges.
pleadings	Written statements by parties to a lawsuit, setting forth30 or responding to allegations, claims, denials or defenses.
plenary action (PLEH nuh ry)	Complete, formal hearing or trial on merits.
polling the jury	Asking jurors individually after verdict has been announced, whether they agree with verdict.
pour-over will	Will that leaves some or all estate assets to existing trust.
power of attorney	Legal authorization31 for one person to act on behalf of another individual. See attorney-in-fact.
praecipe (PRESS ih pee)	Writ23 commanding a person to do something or to show cause why he/she should not.
precedent32	Previously33 decided34 case which guides decisions of future cases. Compare stare decisis.
precept35	Writ issued by person of authority commanding a subordinate official to perform an act.
prejudicial error	See reversible error.
preliminary hearing	Hearing at which judge determines whether evidence is sufficient against a person charged with a crime to warrant holding him/her for trial. Compare arraignment37 and initial appearance.
preliminary injunction	Court order requiring or forbidding an action until a decision can be made whether to issue a permanent injunction. Issued only after both parties have had opportunity to be heard. Compare temporary restraining order.
premeditation	Decision or plan to commit a crime.
preponderance of evidence	Greater weight of evidence, a common standard of proof in civil cases. Jury is instructed to find for the party which has the stronger evidence, however slight that may be. Compare clear and convincing evidence.
pre-sentencing report	Report to sentencing judge containing background information about crime and defendant to assist judge in making his/her sentencing decision. Sometimes called sentencing report.
presentment	Declaration or document issued by grand jury on its own initiative, making accusation38. Compare indictment39.
presumption40 of innocence41	Fundamental principle of American justice system that every individual is innocent of a crime until proven guilty in a court of law.
presumption of law	Rule of law that courts and judges must draw a particular inference from a particular fact or evidence.
pretermitted child (PRE ter MITT42 ed)	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 the estate to go to such children.
pre-trial conference	Informal meeting between judge and lawyers in a lawsuit to narrow issues, agree on what will be presented at trial and make final effort to settle case without trial.
prima facie case (PREE muh FAH sheh)	Case that has minimum amount of evidence necessary to allow it to continue in the judicial36 process.
prima facie evidence	Evidence sufficient to establish a fact or sustain a finding in favor of the side it supports unless rebutted43.
prior restraint	Restraint on speech or publication before it is spoken or published. Prohibited by constitution unless defamatory or obscene or creates a clear and present danger.
pro6 bono publico	"For the public good." When lawyers represent clients without a fee. Usually shortened to "pro bono."
pro se (pro see)	An individual who represents himself/herself in court. Also called "in propria persona."
probable cause	Sufficient legal reasons for allowing search and seizure44 or arrest of a person.
probate	Process of proving a will is valid45 and should be carried out. Also refers more generally to law governing estates.
probate court	Court with authority to supervise estate administration.
probate estate	Estate property that may be disposed of by a will.
probation46	Alternative to imprisonment47 allowing person found guilty of offense11 to stay in the community, usually under conditions and under supervision48 of a probation officer.
procedural law	Law which prescribes the method of enforcing rights or obtaining redress49 for invasion of rights. Compare substantive50 law.
proceeding51	A legal action. Conducting juridical business before a court or judicial officer.
promulgate52	To put (a law) into action or effect. To make known or publicly.
prosecutor	Attorney representing the government in a criminal case.
protective order	Court order to protect a party or witness from further harassment53, service of process or discovery by the opposing party.
prothonotary	Chief clerk of any of various courts in some states, including those of Pennsylvania.
proximate cause	Act legally sufficient to result in liability. Act without which an action could not have occurred. Differs from immediate54 cause.
public defender55	Government lawyer who provides legal services for an individual accused of a crime, who cannot afford to pay.
punitive56	Damages awarded to a plaintiff over and above the actual damages, meant to punish the defendant and thus deter22 future behavior of like nature.
purge	To exonerate or cleanse from guilt

上一篇：法律词汇表T 下一篇：法律词汇表C