Paralegal Terms
Terms
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- personal recognizance
- one who is criminally accused may apply for a personal recognizance bond, which consists of a sworn promise to return to court at designated times without having to post cash or collateral bail
- peremptory challenge
- Usually the final juror challenge exercised by each litigant where no cause or reason need be provided to the court for the dismissal of potential jurors. These challenges are limited to 3 per side
- plead
- to formally admit or deny the charges made by the prosecutor in a criminal case
- poll the jury
- to question each juror individually in open court as to whether he or she agrees with the verdict announced by the jury foreman
- objection to evidence
- a challenge to the evidence that the other side tries to introduce
- presumption
- an inference regarding the truth or falsity of any proposition of fact. A presumption may also indicate the weight to be given to evidence by law
- off the record
- term used to describe court proceedings that the court reporter does not include in the official transcript
- probable cause
- a reasonable basis to believe that a defendant
- plea bargaining
- the process whereby the accused and the prosecutor negotiate a mutually satisfactory disposition of a criminal case; defendant pleads guilty to lesser charge to get state to drop more serious charges
- preponderance of the evidence
- the standard of proof that must be established to win a civil case. The standard is met when a party's evidence indicates that it's more likely than not that the fact is as the party alleges it to be.
- parol evidence rule
- oral evidence, oral representations about the terms of a written agreement must be integrated into that adgreement to be admissible and enforceable
- preliminary hearing
- the means in a criminal case of determinng the question of whether probable cause for the arrest of a person existed. The preliminary hearing is held shortly after arrest and before trial, and the prosecution must produce enough evidence to satisfy the judge that the defendant committed the crimes as charged.
- pretrial conference
- a conference held between the judge or magistrate and the attorneys to prepare the case for trial; the judge may encourage a settlement
- opinion evidence
- evidence a witness believes or infers to be true regarding facts in dispute. An inference from a fact is generally inadmissible
- petition
- a formal request that petitions the court to take some action (complaint)
- personal service
- service of process upon an individual, or the designated agent of an individual or corporation, by delivering, or attempting to deliver, a copy of summons and complaint to that individual or agent
- opening statement
- each attorney's presentation to the judge and jury outlining the facts and issues involved in the litigation and the position of each party of the litigation
- petitioner
- a person who brings a petition (plaintiff)
- opinion of the attorney general
- legal advice provided by the attorney general to government officials on legal issues like the interpretation of a statue or new legislation
- privilege
- the right to refuse to testify or the right to prevent someone else from testifying on a matter
- opinion of the court
- a court's explanation about why it reached a certain decision. The written decision of the court often includes the reasons for the decision
- plaintiff
- the person bringing the lawsuit, may also be known as a petitioner
- palpable
- readily or plainly seen, heard, perceived, capable of being touched
- privilege against self-incrimination
- the privilege that holds that an accused can't be forced to testify in a criminal proceeding or to answer incriminating questions that directly or indirectly connect the accused to the commission of a crime
- pleadings
- the initial documents filed in a lawsuit that state the positions of the parties pertaining to the causes of action and the respective defenses
- pro se
- when a party appears in an action without representation by an attorney
- prima facie case
- a case sufficient on its face that's supported by the requisite minimum evidence and free of palpable defects