Legal Terms: P
Pardon
criminalAn 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
contractsA legal principle that prevents parties to a written contract from introducing prior or contemporaneous oral agreements that contradict or modify the written terms.
Parole
criminalThe supervised release of a prisoner before the completion of their sentence, subject to conditions and monitoring.
Parole
immigrationTemporary 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
propertyThe division of jointly owned property into separate portions so each owner may take individual possession of their share.
Partition
real estateA court action to divide co-owned property among its owners, either by physical division or by sale and division of proceeds.
Partnership
businessA business arrangement where two or more persons agree to share profits and losses. Can be general, limited, or limited liability.
Partnership
taxA 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
taxA 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
taxA 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 propertyA 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
ipThe 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
ipAn international treaty providing a unified procedure for filing patent applications in multiple countries through a single international application.
Patent Eligibility
ipThe 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
ipThe unauthorized making, using, selling, or importing of a patented invention during the term of the patent.
Patent Prosecution
ipThe process of drafting, filing, and negotiating with the USPTO to obtain a patent, including responding to office actions and amending claims.
Patent Term Extension
ipAn 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
ipAn adjudicative body within the USPTO that conducts inter partes reviews, post-grant reviews, and appeals from patent examiner rejections.
Patent Troll
ipA pejorative term for an entity that acquires patents primarily to assert them against operating companies rather than to practice the patented technology.
Patient Rights
healthcareLegal rights of patients including informed consent, privacy, access to medical records, and the right to refuse treatment.
Payroll Tax
employmentTaxes withheld from employee wages and paid by employers to fund Social Security, Medicare, and unemployment insurance programs.
Pension
employmentA retirement plan funded by employer contributions that provides a defined monthly benefit to eligible employees upon retirement.
Per Curiam
courtsLatin for 'by the court.' A judicial opinion issued by the court as a whole rather than authored by a single judge.
Per Stirpes
estateA 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 procedureThe 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
criminalThe crime of willfully making a false statement under oath in a judicial or official proceeding.
PERM
immigrationThe Program Electronic Review Management system used by the Department of Labor to process labor certification applications for employment-based immigration.
Personal Jurisdiction
courtsA court's authority over the parties in a lawsuit, based on their presence, domicile, consent, or minimum contacts with the forum state.
Petit Jury
courtsA trial jury, typically consisting of 6 to 12 members, that hears evidence and renders a verdict in a case.
Pharmacy Benefit Manager
healthcareA third-party entity that administers prescription drug programs on behalf of health insurers, negotiating with drug manufacturers and pharmacies.
Phase I Environmental Site Assessment
environmentalAn investigation of a property's environmental condition, typically conducted during real estate transactions, to identify potential or existing contamination.
Phase II Environmental Site Assessment
environmentalA follow-up investigation involving sampling and laboratory analysis to confirm the presence or absence of contamination identified during a Phase I assessment.
Plaintiff
civil procedureThe party who initiates a civil lawsuit by filing a complaint against the defendant.
Plan of Reorganization
bankruptcyA 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
criminalA defendant's formal response to criminal charges — typically guilty, not guilty, or no contest (nolo contendere).
Plea Bargain
criminalAn agreement between the prosecution and defendant where the defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for cooperation.
Pleading
civil procedureA formal written document filed with the court that sets forth the claims or defenses of a party in a lawsuit.
Plenary Power
tribalThe broad authority of Congress over Indian affairs, derived from the Indian Commerce Clause and treaty-making power, subject to trust obligations.
Ponzi Scheme
securitiesA 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
ipA proceeding before the PTAB to challenge a patent's validity on any ground within nine months of the patent's issuance.
Potentially Responsible Party
environmentalAny 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
estateA 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
generalA 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
bankruptcyA 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
employmentA federal law amending Title VII to prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Preliminary Hearing
criminalA proceeding held to determine whether there is enough evidence (probable cause) to proceed with a criminal trial.
Preponderance of the Evidence
evidenceThe 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
criminalThe fundamental principle that a person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt.
Pretermitted Heir
estateA 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
militaryA 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
employmentThe wage rate established by law for workers on government-funded construction or service contracts, based on local wage surveys.
Prevention of Significant Deterioration
environmentalA 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
evidenceLatin for 'on its face.' Evidence sufficient to establish a fact or raise a presumption unless rebutted by contradictory evidence.
Prior Art
ipAny evidence that an invention is already known, including previous patents, publications, or public uses, used to evaluate novelty and nonobviousness.
Priority Claim
bankruptcyA 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
immigrationThe 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
generalLaw governing relationships between private individuals and organizations, including contracts, torts, property, and family law.
Private Placement
securitiesThe sale of securities to a small number of select investors without a public offering, typically exempt from SEC registration under Regulation D.
Privilege
evidenceA legal right to refuse to disclose certain information, such as attorney-client communications, doctor-patient communications, or spousal communications.
Privity
contractsA close and direct relationship between parties, such as parties to a contract, that allows one to enforce rights against the other.
Pro Bono
generalLegal services provided free of charge, typically to indigent clients or nonprofit organizations, as a professional obligation or public service.
Pro Se
civil procedureLatin for 'for oneself.' Representing oneself in a legal proceeding without an attorney.
Probable Cause
criminalA 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
estateThe legal process of administering a deceased person's estate, including validating the will, paying debts, and distributing assets to beneficiaries.
Probation
criminalA sentence allowing a convicted person to remain in the community under supervision instead of serving time in prison, subject to conditions.
Procedural Due Process
constitutionalThe constitutional requirement that the government follow fair procedures before depriving a person of life, liberty, or property.
Product Liability
tortThe legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products.
Promissory Estoppel
contractsA legal doctrine preventing a party from reneging on a promise if another party relied on that promise to their detriment.
Promissory Note
contractsA written promise by one party to pay a specified sum of money to another party at a definite time or on demand.
Proof of Claim
bankruptcyA written statement filed by a creditor describing the reason the debtor owes the creditor money and the amount owed.
Property Tax
real estateA tax levied by local governments on real property based on the assessed value of the land and improvements.
Prosecution
criminalThe process of initiating and pursuing criminal charges against a defendant. Also refers to the government attorney (prosecutor) who brings the case.
Prosecution History Estoppel
ipA doctrine that prevents a patent holder from recapturing through claim interpretation the scope of protection surrendered during the patent prosecution process.
Prospectus
securitiesA formal legal document filed with the SEC that provides details about an investment offering, including risks, financial data, and business operations.
Protected Health Information
healthcareIndividually identifiable health information held or transmitted by a covered entity or business associate, in any form or media.
Protective Order
familyA 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
ipA 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
tortThe 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
tortThe direct outcome of an action that was foreseeable and contributed to the harm or injury in question.
Proxy Solicitation
securitiesThe process of gathering shareholder votes, typically conducted before annual meetings, regulated by the SEC to ensure adequate disclosure.
Proxy Statement
securitiesA document the SEC requires public companies to provide to shareholders before a shareholder meeting, containing information needed to make informed voting decisions.
Public Charge
immigrationAn inadmissibility ground based on the likelihood that a foreign national will become primarily dependent on government assistance for subsistence.
Public Defender
criminalAn attorney appointed by the court to represent defendants who cannot afford to hire a private attorney.
Public Law
generalLaw governing the relationship between individuals and the government, including constitutional law, criminal law, and administrative law.
Public Law 280
tribalA federal statute transferring criminal jurisdiction over Indian country to certain state governments in specified states, without tribal consent.
Punitive Damages
tortMonetary damages awarded in addition to compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior.