All terms

Legal Terms: P

Pardon

criminal

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.

Parol Evidence Rule

contracts

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

Parole

criminal

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

Parole

immigration

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.

Partition

property

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

Partition

real estate

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

Partnership

business

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

Partnership

tax

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.

Pass-Through Entity

tax

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.

Passive Activity Loss

tax

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.

Patent

intellectual property

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).

Patent Claims

ip

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.

Patent Cooperation Treaty

ip

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

Patent Eligibility

ip

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.

Patent Infringement

ip

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

Patent Prosecution

ip

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

Patent Term Extension

ip

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

Patent Trial and Appeal Board

ip

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

Patent Troll

ip

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

Patient Rights

healthcare

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

Payroll Tax

employment

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

Pension

employment

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

Per Curiam

courts

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

Related:opinioncourt

Per Stirpes

estate

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.

Peremptory Challenge

civil procedure

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.

Perjury

criminal

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

PERM

immigration

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

Personal Jurisdiction

courts

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

Petit Jury

courts

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

Pharmacy Benefit Manager

healthcare

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

Phase I Environmental Site Assessment

environmental

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

Phase II Environmental Site Assessment

environmental

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

Plaintiff

civil procedure

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

Plan of Reorganization

bankruptcy

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.

Plea

criminal

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

Plea Bargain

criminal

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.

Related:pleasentence

Pleading

civil procedure

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

Plenary Power

tribal

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

Ponzi Scheme

securities

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

Post-Grant Review

ip

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

Potentially Responsible Party

environmental

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

Power of Attorney

estate

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.

Precedent

general

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.

Preference

bankruptcy

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.

Pregnancy Discrimination Act

employment

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

Preliminary Hearing

criminal

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

Preponderance of the Evidence

evidence

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

Presumption of Innocence

criminal

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

Pretermitted Heir

estate

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

Pretrial Agreement

military

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.

Prevailing Wage

employment

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

Prevention of Significant Deterioration

environmental

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

Prima Facie

evidence

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

Prior Art

ip

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

Prior Authorization

healthcare

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

Priority Claim

bankruptcy

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

Priority Date

immigration

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

Private Law

general

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

Private Placement

securities

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

Privilege

evidence

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

Privity

contracts

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

Pro Bono

general

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

Pro Se

civil procedure

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

Probable Cause

criminal

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.

Probate

estate

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

Related:willexecutor

Probation

criminal

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

Procedural Due Process

constitutional

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

Product Liability

tort

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

Promissory Estoppel

contracts

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

Promissory Note

contracts

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

Related:mortgagedebt

Proof of Claim

bankruptcy

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

Property Tax

real estate

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

Prosecution

criminal

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

Prosecution History Estoppel

ip

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

Prospectus

securities

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

Protected Health Information

healthcare

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

Protective Order

family

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.

Provisional Patent Application

ip

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.

Proximate Cause

tort

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.

Proximate Result

tort

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

Proxy Solicitation

securities

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

Proxy Statement

securities

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

Public Charge

immigration

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

Public Defender

criminal

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

Public Law

general

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

Public Law 280

tribal

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

Punitive Damages

tort

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