Legal Terms: P

An executive act forgiving a person for a crime and releasing them from punishment. The President can pardon federal crimes; governors can pardon state crimes.

A company that owns enough voting stock in another company (the subsidiary) to control its management and operations.

The wrongful taking, retention, or concealment of a child by one parent in violation of the other parent's custodial rights, addressed by both federal law (the Parental Kidnapping Prevention Act) and state criminal statutes.

A request by a custodial parent to move with the child to a distant location, typically requiring court approval or notice to the other parent because it materially affects existing parenting time.

A court order permanently severing the legal relationship between a parent and child, ending all rights and obligations and freeing the child for adoption.

A written document, often required by statute, that sets out the allocation of decision-making, residential schedule, holiday arrangements, and dispute-resolution procedures for separated or divorced parents.

The periods during which a parent is scheduled to have physical care and responsibility for the child, a modern term replacing the older concept of visitation.

A work that uses elements of an original to comment on or criticize the original itself, generally a strong candidate for fair use as transformative use.

A legal principle that prevents parties to a written contract from introducing prior or contemporaneous oral agreements that contradict or modify the written terms.

The substantive rule excluding evidence of prior or contemporaneous agreements that would contradict the terms of a final written contract.

The supervised release of a prisoner before the completion of their sentence, subject to conditions and monitoring.

Temporary permission granted by immigration authorities for a foreign national to physically enter or remain in the United States for urgent humanitarian reasons or significant public benefit.

Conditional release from prison before completion of the full sentence, supervised by a parole authority and revocable for violations.

A discretionary grant of parole to certain noncitizens already physically present in the United States, most commonly used for immediate family members of U.S. military personnel, allowing eligibility for adjustment of status.

An equitable doctrine that may take a land contract out of the statute of frauds when the buyer has paid, taken possession, and made improvements.

A summary judgment ruling that resolves some but not all claims or issues in a case, narrowing the matters for trial.

Preferred stock that receives its liquidation preference and then also shares pro rata with common stock in remaining proceeds (sometimes capped).

The division of jointly owned property into separate portions so each owner may take individual possession of their share.

A court action to divide co-owned property among its owners, either by physical division or by sale and division of proceeds.

A business arrangement where two or more persons agree to share profits and losses. Can be general, limited, or limited liability.

A business arrangement where two or more persons carry on a trade or business, with income and losses passing through to the partners' individual tax returns.

A non-hearsay statement under FRE 801(d)(2)(A) made by or attributable to a party and offered against that party.

A business structure such as a partnership, S corporation, or LLC that does not pay entity-level income tax, instead passing income and deductions through to the owners' individual returns.

A federal tax regime under which entity-level income is not taxed but instead passes through to and is taxed at the owner level, used for partnerships, S corps, and most LLCs.

A loss from a trade or business activity in which the taxpayer does not materially participate, subject to limitations restricting its use against active or portfolio income.

Losses from trade or business activities in which the taxpayer does not materially participate, generally deductible only against passive income under IRC Section 469.

An act done before a promise was made, which generally cannot serve as consideration because it was not bargained for at the time of the promise.

A hearing held when there is bona fide doubt about a defendant's competency, required by Pate v. Robinson to protect due process.

A government-granted exclusive right to an inventor, allowing them to prevent others from making, using, or selling the invention for a limited period (typically 20 years).

A federal grant under 35 U.S.C. of the right to exclude others from making, using, selling, or importing a claimed invention for a limited period in exchange for public disclosure.

An ambiguity obvious on the face of the contract, sometimes treated more strictly by courts than latent ambiguity in admitting extrinsic evidence.

The numbered paragraphs at the end of a patent that define the scope of legal protection, specifying what the inventor has the right to exclude others from making, using, or selling.

An international treaty providing a unified procedure for filing patent applications in multiple countries through a single international application.

The threshold requirement that an invention fall within one of the four statutory categories (process, machine, manufacture, or composition of matter) and not be an abstract idea, law of nature, or natural phenomenon.

The unauthorized making, using, selling, or importing of a patented invention during the term of the patent.

The process of drafting, filing, and negotiating with the USPTO to obtain a patent, including responding to office actions and amending claims.

An extension of a patent's expiration date to compensate for delays caused by regulatory review, commonly applied to pharmaceutical patents.

An adjudicative body within the USPTO that conducts inter partes reviews, post-grant reviews, and appeals from patent examiner rejections.

A pejorative term for an entity that acquires patents primarily to assert them against operating companies rather than to practice the patented technology.

A legal action by a man previously adjudicated the father of a child to set aside that finding, typically based on later genetic evidence and subject to strict time limits and best-interests considerations.

The legal process of determining the father of a child born outside of marriage, accomplished by voluntary acknowledgment, genetic testing, or court adjudication.

Legal rights of patients including informed consent, privacy, access to medical records, and the right to refuse treatment.

A provision penalizing investors who fail to participate pro rata in future financing rounds, typically by converting their preferred stock into common or shadow preferred.

A bank account designation naming a beneficiary to receive the funds automatically at the account holder's death, bypassing probate.

Taxes withheld from employee wages and paid by employers to fund Social Security, Medicare, and unemployment insurance programs.

A liquidated damages provision unenforceable because the stipulated amount bears no reasonable relationship to anticipated harm and serves to punish breach.

A retirement plan funded by employer contributions that provides a defined monthly benefit to eligible employees upon retirement.

A distribution method in which all surviving descendants of the same generation share equally, regardless of family line, contrasting with per stirpes representation.

Latin for 'by the court.' A judicial opinion issued by the court as a whole rather than authored by a single judge.

A method of distributing an estate where each branch of a family receives an equal share, regardless of the number of members in each branch.

A method of distributing an estate by representation, in which a deceased beneficiary's share passes equally to that beneficiary's own descendants, preserving the share for the family branch.

A child-support calculation that applies a flat or sliding percentage to the obligor's income, used in states such as Wisconsin, without explicitly accounting for the custodial parent's income.

The right of an attorney to reject a prospective juror without stating a reason, limited in number and cannot be based on race or gender.

A party's right to remove a prospective juror without stating a reason, subject to constitutional limits against discriminatory use.

The crime of willfully making a false statement under oath in a judicial or official proceeding.

The Program Electronic Review Management system used by the Department of Labor to process labor certification applications for employment-based immigration.

Support of indefinite duration awarded after long-term marriages when the recipient is unlikely to become self-supporting, now disfavored or abolished in several states.

An inadmissibility ground under INA section 212(a)(9)(C) triggered by reentry or attempted reentry after one year of unlawful presence or after a prior removal, with very limited waivers available only after ten years abroad.

Optional joinder under Rule 20 of parties whose claims arise from the same transaction or occurrence and share a common question of law or fact.

A court's authority over the parties in a lawsuit, based on their presence, domicile, consent, or minimum contacts with the forum state.

The court's authority over the parties before it, requiring constitutionally sufficient contacts with the forum state and adequate notice.

The gender-neutral and modern term encompassing both executors and administrators, the fiduciary responsible for collecting and distributing the decedent's estate.

A trial jury, typically consisting of 6 to 12 members, that hears evidence and renders a verdict in a case.

A third-party entity that administers prescription drug programs on behalf of health insurers, negotiating with drug manufacturers and pharmacies.

An investigation of a property's environmental condition, typically conducted during real estate transactions, to identify potential or existing contamination.

A follow-up investigation involving sampling and laboratory analysis to confirm the presence or absence of contamination identified during a Phase I assessment.

An equitable doctrine permitting courts to disregard the corporate or LLC form and hold owners personally liable when the entity is used to perpetrate fraud, is undercapitalized, or fails to observe corporate formalities. It is a fact-intensive, multifactor inquiry that is rarely granted.

A doctrine making each co-conspirator liable for foreseeable substantive offenses committed by other co-conspirators in furtherance of the conspiracy.

A clear or obvious error affecting substantial rights, reviewable on appeal even without objection below, particularly in criminal cases under FRCrP 52(b).

An extension of plain view allowing seizure of contraband detected by touch during a lawful Terry frisk when its identity is immediately apparent.

An exception permitting warrantless seizure of evidence in plain view, provided the officer is lawfully present and the incriminating nature is immediately apparent.

The party who initiates a civil lawsuit by filing a complaint against the defendant.

A document filed in Chapter 11 describing how the debtor proposes to treat each class of claims and interests and how the debtor will operate going forward.

A defendant's formal response to criminal charges — typically guilty, not guilty, or no contest (nolo contendere).

The defendant's formal response to criminal charges, typically guilty, not guilty, or nolo contendere, entered at arraignment.

An agreement between the prosecution and defendant where the defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for cooperation.

A negotiated agreement between prosecution and defense, typically involving a guilty plea in exchange for reduced charges or sentencing recommendations.

The on-the-record exchange between judge and defendant ensuring that a guilty plea is knowing, voluntary, and supported by a factual basis.

A formal written document filed with the court that sets forth the claims or defenses of a party in a lawsuit.

The broad authority of Congress over Indian affairs, derived from the Indian Commerce Clause and treaty-making power, subject to trust obligations.

A defensive measure (formally a shareholder rights plan) that allows existing shareholders other than the acquirer to purchase additional shares at a discount upon a hostile bidder crossing a threshold, diluting the acquirer.

Eight factors used in the Second Circuit to evaluate likelihood of confusion: strength of the mark, similarity, proximity of products, bridging the gap, actual confusion, defendant's good faith, quality, and consumer sophistication.

A fraudulent investment scheme in which returns to earlier investors are paid using capital from newer investors rather than from legitimate business profits.

The election by a surviving spouse to use the deceased spouse's unused estate tax exemption (DSUE) in addition to the surviving spouse's own exemption, requiring a timely-filed Form 706.

Statutory or constitutional procedures, beyond direct appeal, by which a convicted person may challenge their conviction or sentence.

A proceeding before the PTAB to challenge a patent's validity on any ground within nine months of the patent's issuance.

A contract entered into by spouses after marriage that defines property rights, support, and other terms in case of divorce or death, subject to heightened scrutiny because of the existing fiduciary relationship.

Any individual or entity that may be liable for contamination at a Superfund site, including past and present owners, operators, generators, and transporters.

A will that directs probate assets to be transferred to a previously established trust, which then administers them under the trust terms.

A legal document authorizing one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in financial, legal, or medical matters.

The common-law rule that a promise to do what one is already legally obligated to do is not consideration sufficient to support a contract modification.

A court decision that establishes a rule or principle to be followed in future cases with similar facts or issues. The foundation of the common law system.

Having died before another person, particularly a testator or intestate decedent, which often triggers anti-lapse statutes or per stirpes representation rules.

The Rule 23(b)(3) requirement that common questions of law or fact predominate over individualized questions, a key hurdle in damages class actions.

Shareholder rights to maintain proportional ownership by purchasing a pro rata share of new equity issuances before they are offered to third parties.

A payment or transfer made to a creditor within 90 days before bankruptcy filing (or one year for insiders) that gives that creditor more than it would have received in a Chapter 7 liquidation.

A specified rate of return that must be paid to certain investors (often preferred equity holders) before any distributions to common holders or carry-eligible participants.

A federal law amending Title VII to prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.

A proceeding held to determine whether there is enough evidence (probable cause) to proceed with a criminal trial.

A pretrial proceeding where a magistrate determines whether sufficient evidence exists to hold the defendant for trial on the charges.

A contract entered into before marriage that allocates property rights, support obligations, and other matters in the event of divorce or death, governed in most states by the Uniform Premarital Agreement Act.

A refundable credit under IRC Section 36B helping eligible taxpayers afford health insurance purchased through the ACA marketplace, with eligibility tied to household income.

The standard of proof in most civil cases, requiring the plaintiff to show that their version of events is more likely true than not.

A hearsay exception under FRE 803(1) for statements describing or explaining an event made while or immediately after perceiving it.

A historical document by which a grand jury, on its own initiative, accuses someone of an offense; rarely used in modern federal practice.

The obligation to preserve potentially relevant evidence when litigation is reasonably anticipated, the breach of which can trigger spoliation sanctions.

The fundamental principle that a person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt.

Procedural devices requiring the factfinder to assume a fact from proof of another fact, shifting burdens of production or persuasion.

A child born after the execution of a will who is unintentionally omitted. Most states provide such children with a share of the estate.

A plea agreement in the military justice system between the accused and the convening authority, typically involving a guilty plea in exchange for a cap on the sentence.

The wage rate established by law for workers on government-funded construction or service contracts, based on local wage surveys.

A Clean Air Act program requiring preconstruction review and permitting for new or modified major stationary sources in areas that meet air quality standards.

A privilege shielding confidential communications made to clergy for spiritual guidance or confession, recognized in most jurisdictions.

Latin for 'on its face.' Evidence sufficient to establish a fact or raise a presumption unless rebutted by contradictory evidence.

The parent who has historically performed the majority of day-to-day childrearing tasks such as feeding, bathing, medical care, and educational involvement, often given weight in custody determinations.

The person whose qualifications form the basis for an immigration petition and from whom derivative beneficiaries draw their eligibility.

The person who actually commits the criminal act, either personally or through an innocent agent.

The primary trademark register of the USPTO providing full benefits of federal registration, including presumption of validity, constructive notice, and incontestability after five years.

A person who is present at the scene of the crime and aids, abets, or encourages its commission, sharing full criminal liability with the principal first degree.

Any evidence that an invention is already known, including previous patents, publications, or public uses, used to evaluate novelty and nonobviousness.

All information publicly available before the effective filing date of a patent application that may be used to evaluate the novelty and non-obviousness of the claimed invention.

A requirement that a healthcare provider obtain approval from a health plan before a specific service, procedure, or medication will be covered.

Evidence of a person's earlier wrongful conduct, generally inadmissible to show propensity but available for non-character purposes under FRE 404(b).

A non-hearsay statement under FRE 801(d)(1)(B) admissible to rebut charges of recent fabrication or improper motive in current testimony.

A non-hearsay statement under FRE 801(d)(1)(A) admissible substantively when given under oath at a prior proceeding and inconsistent with current testimony.

A claim that is entitled to be paid before general unsecured claims in a bankruptcy case, including certain taxes, wages, and domestic support obligations.

The date that establishes an immigrant's place in the visa queue, typically the date the labor certification application or immigrant petition was filed.

The earliest filing date to which a patent application may claim entitlement, used to measure prior art and resolve disputes between competing applications.

Law governing relationships between private individuals and organizations, including contracts, torts, property, and family law.

The sale of securities to a small number of select investors without a public offering, typically exempt from SEC registration under Regulation D.

A legal right to refuse to disclose certain information, such as attorney-client communications, doctor-patient communications, or spousal communications.

A close and direct relationship between parties, such as parties to a contract, that allows one to enforce rights against the other.

A legal relationship sufficient to bind a non-party to a prior judgment for preclusion purposes, traditionally requiring identity of interests or representation.

Legal services provided free of charge, typically to indigent clients or nonprofit organizations, as a professional obligation or public service.

Latin for 'for oneself.' Representing oneself in a legal proceeding without an attorney.

A reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence of a crime will be found. Required for arrests and search warrants.

A reasonable basis, supported by facts and circumstances, to believe that a crime has been committed or that evidence of a crime will be found in a particular place.

The legal process of administering a deceased person's estate, including validating the will, paying debts, and distributing assets to beneficiaries.

A sentence allowing a convicted person to remain in the community under supervision instead of serving time in prison, subject to conditions.

A court-imposed sentence of supervision in the community in lieu of, or in addition to, incarceration, subject to specified conditions.

The degree to which a piece of evidence tends to prove or disprove a fact of consequence, weighed against potential prejudice under FRE 403.

The constitutional requirement that the government follow fair procedures before depriving a person of life, liberty, or property.

Unfairness in the bargaining process, such as oppression, surprise, or lack of meaningful choice, often arising from disparities in bargaining power.

A person, often a sheriff or licensed private individual, authorized to deliver legal process to defendants in compliance with applicable rules.

The legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products.

An extraordinary writ from a superior court forbidding a lower court from exceeding its jurisdiction or acting outside its authority.

A legal doctrine preventing a party from reneging on a promise if another party relied on that promise to their detriment.

A doctrine under Restatement (Second) 90 enforcing a promise without consideration when the promisor reasonably expected and induced detrimental reliance.

A written promise by one party to pay a specified sum of money to another party at a definite time or on demand.

A written statement filed by a creditor describing the reason the debtor owes the creditor money and the amount owed.

Evidence offered to show a person acted in accordance with a character trait on a particular occasion, generally barred by FRE 404(a).

A tax levied by local governments on real property based on the assessed value of the land and improvements.

The 2015 amended Rule 26(b)(1) limit on discovery scope to matters proportional to the needs of the case, considering importance, amount in controversy, and burden.

The process of initiating and pursuing criminal charges against a defendant. Also refers to the government attorney (prosecutor) who brings the case.

A doctrine that prevents a patent holder from recapturing through claim interpretation the scope of protection surrendered during the patent prosecution process.

A limitation on the doctrine of equivalents preventing the patentee from recapturing through equivalents any subject matter surrendered during prosecution to obtain the patent.

A formal legal document filed with the SEC that provides details about an investment offering, including risks, financial data, and business operations.

Individually identifiable health information held or transmitted by a covered entity or business associate, in any form or media.

A court order that protects a person from harm or harassment, often used in domestic violence cases. Also, an order limiting the disclosure of sensitive information during discovery.

A court order under Rule 26(c) limiting discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.

Negotiated contractual rights giving preferred holders veto power over specified corporate actions (such as new financings, M&A, or charter amendments) regardless of board approval.

A quick, limited search of premises incident to arrest to check for persons who may pose a danger, authorized when officers have a reasonable belief of danger.

A streamlined patent filing that establishes a priority date and allows use of 'patent pending,' but does not itself mature into a patent and expires 12 months after filing.

A lower-cost patent filing that establishes an early filing date and allows the term 'patent pending,' but expires after 12 months unless a nonprovisional application is filed.

The primary cause of an injury or harm that is legally sufficient to result in liability. The cause without which the injury would not have occurred.

The direct outcome of an action that was foreseeable and contributed to the harm or injury in question.

The process of gathering shareholder votes, typically conducted before annual meetings, regulated by the SEC to ensure adequate disclosure.

A document the SEC requires public companies to provide to shareholders before a shareholder meeting, containing information needed to make informed voting decisions.

A federal privilege recognized in Jaffee v. Redmond protecting confidential communications between patient and licensed mental-health professionals.

The Patent Trial and Appeal Board, an administrative tribunal within the USPTO that conducts post-grant proceedings such as inter partes review and hears appeals from examiner rejections.

A defense that the defendant reasonably relied on the authority of a government official to engage in otherwise criminal conduct.

An inadmissibility ground based on the likelihood that a foreign national will become primarily dependent on government assistance for subsistence.

A ground of inadmissibility for noncitizens deemed likely at any time to become primarily dependent on the government for subsistence, assessed under a totality-of-the-circumstances test.

An attorney appointed by the court to represent defendants who cannot afford to hire a private attorney.

The status of works not protected by intellectual property rights (because the rights have expired, been forfeited, or never existed), making them freely usable by anyone.

Law governing the relationship between individuals and the government, including constitutional law, criminal law, and administrative law.

A federal statute transferring criminal jurisdiction over Indian country to certain state governments in specified states, without tribal consent.

A contract or provision unenforceable because it contravenes a clearly established public policy, even if not expressly prohibited by statute.

A hearsay exception under FRE 803(8) for records of public offices setting out their activities, observations, or factual findings from investigations.

A narrow exception allowing police to question a suspect without Miranda warnings when there is an immediate threat to public safety, as established in New York v. Quarles.

The doctrine from Railroad Commission v. Pullman (1941) allowing federal courts to abstain when a state-law issue could resolve the case and avoid a federal constitutional question.

Monetary damages awarded in addition to compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior.

The requirement that a defendant deliberately direct activities at the forum state, invoking the benefits and protections of its laws, to support specific jurisdiction.

A state-maintained registry in which an unmarried man may record his claim of paternity to receive notice of adoption or termination proceedings concerning a child he may have fathered.