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Legal explanations - Law terms Category: Legal Date & country: 25/02/2010, SG Words: 2570

Partition
It means division of assets especially the real property between different co-owners. Normally the partition occurs when theres a dipute over the property. The filing of suit for division of property is practically impossible. Thus usually court orders one of the co-owners to buy out the property from the other after evaluatng the value of the prop...

Partner
A person who unites with others with common interest to perform an activity especially business. Each partner invests its time and money to generate profit. Partners can be general, who has full rights in management of the firm on daily basis and has unlimited liability to extent of personal assets for all the debts. Then there is a limited partner...

Partnership
It is referred to the assiciation of two or more persons, also known as partners, with common interest to perform a business with a motive to make profit. Each partners invest time and money into the business and have individual responsibilities as decided in the a partnership deed created at the formation of business. Each partner is liable to the...

Party
It refers to the person or entity who has been claiming or responding to the claims in a particular lawsuit filed in the court. It can be referred to as plaintiff, defendant, petitioner or respondent or anyone else who have interest in the outcome of the trial or who has been the part of the agreement or contract. Each party has right to know and r...

Party Of The First Part
It is a term used to denote or indicate one of the party to the contract.

Party Of The Second Part
It is a term used to denote or indicate one of the party to the contract. It is not the same party which is identified with the term "the party of the first party".Infact it is the next party who has enteretd into the agreement.

Party Wall
It is referred to the wall created on the boundary of the two properties and which serves as a common structure between the two premises owned by different parties.The wall may be partly on each property or fully on ones property but is still a common structure. It is the duty of party of each property to maintain the wall.

Passenger
A person who travels or is being transported on a carrier like taxi, public buses, trains, or flights in exchange of a money as a fare for the services delivered by the carrier company. It is the right of the passenger to claim the services once the fare is paid. If the carrier does not provide its services, the passenger can claim damages irrespec...

Passion
It is the state of mind having strong and intense feeling of emotion or sexual desire. It also refers to a strong feeling of dedication and devotion to something one loves.

Passive
It is a state where one is not actively involved or is dormant. It may termed as in passive trustee who is not invoved in day to day activities, passive partner or dormant partner in a partnership firm who has liability to the extent of his investments only and has no say in management. It can be further said to be a state where one does not respon...

Patent
It refers to the documentary grant of rights on use, selling and making of the invention by the inventor solely. The inventor has the right to sue or exclude anyone who breaches such patents right. The legal document of patents include entire knowhow of how the invention is made and how its used. It also states the rights of the inventors.

Patent Ambiguity
The inconsistency or errors in the language of written document.

Patent Defect
A flaw or defect of the product or the document entitling the patent rights. If a product is defective or if some information is missing in the documents , it is said to be Patent Defect.

Patent Infringement
It refers to the use of a knowhow, manufacture of a product or use of the matter which has been incorporated in a patent issued by the government, by someone else than the actual inventor to whom patent was granted. The inventor can file a lawsuit against such infringement and can claim the benefits if any derived from the infringed use of the pate...

Patent Pending
Imprinting of the abbreviation "Pat Pend" or "Pat Pending" on the product indicates to the others that the product has been applied for obtaining patent from the government , though not yet granted, and thereby warning those who copy products that damages would be claimed once the patent is granted. For illegal use of such print...

Paternity Suit
It is a lawsuit filed generally filed by the unwed mother of a child against the unwed father of the same child to prove that he is the father of the child. It leads to medical tests like blood test, DNA test, comparison of looks, sexual relationships etc and once proven the father also needs to offer monetory support for the child right from birth...

Pawn
It refers to the an item of personal belonging and of value higher than the loan, pledged as security or collateral for a loan or debts. Such personal belonging or property is deposited with pawnbrokers who has the right to encash such pawns incase there is a default in repayment of the loan. The interest rates are very high and the loan amounts ar...

Pay
1. To give money for exchange of goods or services 2. A salary or wage of an employee or labour 3. To give money or services for the debts owed.

Payable
The sum of money or a debt which a person has an obligation to pay at a certain date is called payable. In Businesses, payable are liabilities that has to be met by certain date. If theres no date specified, the debts are due immediately.

Payable On Demand
It refers to a note (promissory) which is payable at a time when the payee request for it.If a promise mentions a payment to be made at sight or demand, it needs to be fulfilled. Even if the promise or order does not state a time, it is payable on demand of the payee.

Payee
The person who under a promissory note or check lends money as loan and who receives the payment at the due date.

Payment In Due Course
It refers to the payment, which was due, made to the person who have by fraudulent means acquired the promissory note or bill of exchange, without the knowledge of the same. The actual owner of the promissory note or bills of exchange has to look for the receipent of such funds and cannot claim funds without such notes.

Payment In Full
remitting all funds due to the other. Payment in full is mentioned at the back of the cheque endorsing either the settlement of full payment after discount or indicated by the payee on receipt of full payment that was due.

Payor
The person, institution of government who is responsible for making of the payment to the payee as mentioned in the promissory note or bills of exchanges.

Peace Bond
It is a court order where it requires a person to deposit a sum of money as bond that would guarantee that he/she would not bother or threaten the other person and will not commit a breach of peace. If the same person is found to bother or violate such agreement, the bond will be forfeited and it can lead to arrest as well.

Peaceable Possession
It is the possession of the real property by one, without any claim for the ownership or title of the property by him/her.

Peculation
It refers to illegal, unauthorised and defrauding use of the public or government property for personal use.

Pecuniary
Its something related to money or finance or something that has value in money.

Pedophilia
The act or the fantasy of the adult to have sexual attraction towards children thereby involving in such sexual activity with children. It is said to be more of a mental illness than a crime though criminal action is taken against such person.

Peeping Tom
It refers to the person who derives pleasures, usually sexual, by watching others secretly or spying on others especially females undressing or couples having sex. It can be termed as invasion of privacy and can be filed a lawsuit against. This term was derived when legendary Tom watched the Lady Godiva ride a horse in streets naked to protest agai...

Peer
Person or entity having equal standing as others or who are equivalent. "jury of one's peers" is the term refered to the constitutional right of the defendant to have a jury who is not partial and usually from the same district where the defendant lived.

Peer Review
n.It is scrutinising or evaluating the performance of a professional or a technician by a board or committee made up of people in the similar occupation.This is done to evaluate minimum standards of his performance which, if found failed to be satisfactory he is liable in a lawsuit claiming damages due to negligence or if he is denied promotion and...

Penal
adj. That which is punishable, which inflicts a punishment , with referrence to criminality as defined in "penal code".

Penalty
n.In a criminal trial after the crime is proved a person maybe ordered by the judge to pay monetary fine or his property can be forfeitted.The accused can also be put behind bars for a period of time.In civil law penalties can be imposed on business with improper licence or for "late payments" on promissory notes or lease.

Pendent Jurisdiction
n.right given to a federal court to judge cases that should have been tried in state court but because of ceratin common facts or evidences fall under federal court jurisdiction.

Pendente Lite
It is an order which is in effect awaiting the lawsyit.These are court orders which are in effect when the case is in trial , or rights which cannot be enforced until the lawsuit is over as in divorce cases for temporary child support.

Penitentiary
n. It is a place that prisons people who have committed serious crimes and which have been convicted by the court of law.They apply on the state and federal levels.

Pension
Tax-exempt fund that individuals contribute to, on a regular basis, that proves an income source after retirement

People
They are the individuals or group who forms and belongs to the society aggregating to the nation in totallity.

Per
A latin term meaning "by head" or siply "by" as in "per capita" , "per day".

Per Capita
adj. Latin for "by head" that is to be determined by the number of people.To calculate the per capita cost the total number of people in a given group or area are added and then divided to get an aggregate or average value for bills,taxes ,benefits etc.

Per Curiam
adj. Latin for "by the court" where the court gives an order or decision on the whole operating as a single body without any particular judge being the author.

Per Diem
adj. n. latin for "per day".It is applicable for payments made on daily basis such as travel and lodging fees of an agent or an employee.

Per Se
As in Latin it means "by itself" or inheretly, it is a written publication or broadcast of someone accusing other of having a grave disease, or being into immoral act or have been convicted of serious crimes, which actually is a false accusation, and without reasonable inquiry in the activity.

Per Stirpes
It is a latin word meaning" by roots" or "by right of representation". If mentioned, it indicates representing somone who is not present or cannot be present.Commonly it is used by the person who make his Will and he declare the condition that if the beneficiary dies much ahead of him, the estate of his will be equally distribut...

Peremptory
Putting end to debate, dominating, dectatorial, not allowing contradiction, commanding and self assuring.

Peremptory Challenge
The right given to either parties in selection of juries, where they have right to reject certain prospective jurors without any cause or reason. Such rights are exercised just once by both the parties but it cannot be used to keep off Jury of certain sex and race.Such challenges allow a much impartial and fair verdict to the court case.

Peremptory Writ Of Mandate
it is an order issued by any court to its subordinate court, person, corporation or government officials compelling them to perform an act which the law determines is a duty resulting from the office.Writs are either alternative or peramptory.Alternative writs commands the body it directs and gives them certain time period to show cause in court as...

Perfect
An action that has been completed.It is referred to the act of taking all necessary steps to complete a task thoroughly and perfectly, like, filing of the complete set of documents in court case or filing a lien through legal methods against the third party from an appropriate body concerned.

Perfected
completing all lawful steps to accomplish a task successfully.

Perform
1)To fulfill ones obligation as a contract or promise. 2) to take action according to the courts order.

Performance
The act of accomplishing or fulfilling the contracts or promise accoring to the terms of court's order. There are two types of perfomance 1)Part performance - where the accomplishment of the contract is partial and not fully completed and 2)Specific Perfomance - where the performance of certain act is compelled to be according to the terms in contr...

Perjurer
the person who under the oath tells lies or commits crime of perjury where he knowingly either gives a false statement in the court of law or declares in writing the false information as in the affidavit or legal documents, all under the oath.

Perjury
It is a crime of giving a false information or statement which was testified under the oath, either in writing or orally pertaining to an important official proceedings whose result may be influenced by these intentional declarations. A perjuror may commit this crime in court of law or other administrative works like affidavits, deeds, licences etc...

Permanent Disability
The lifetime disability of the person to perform his/her normal work or activities either physically or mentally. Usually an on-job accidents leading to permanent disability are compansated after evaluation of the degree of disability once the condition is normal. The disability compansation are monetary and its rated from 1-100% where 100% is full...

Permanent Injunction
It is an order from the court to a party or person compelling or restraining him permanently, from performing certain activities or actions. It differs from preliminary injunction where the court order prevents the person or party from performing certain activities till the trial has a result.

Permanent Injury
It is referred to the mental or physical damage to a person which permanently restricts him/her from activities specially employment or occupation throughout life. It is also considered to be compansated if case is filed to recover the damages.

Permanent Resident
Status that enables non-U.S. citizens to leave and come into the United States without having a visa. Permanent residents can work in the United States and after acquitting enough years of residency in the U.S. can apply for permanent citizenship. Refer to the definition of green card

Permissive
A permitted act by the court order or any contractual agreement. It is an act of inclined towards granting the permission.

Permit
It is an allowance or permission, especially written, to authorize someone to do some act which is not forbidden by law. It is normally in form of licence or warrant authorized by any official body.Permit can mean anythig from a permision to import goods after payment of duty, permission to enter certain restricted area etc.

Perpetuity
n. It means forever or something that is indefinite.

Person
n. A person is a human being or just a natural person who has been given certain rights and is obliged to perform certain duties.A society ,company or corporation when given certain rights and obligations can also be treated as a person(artificial person).

Personal Effects
n.Personal effects refers to items of personal use.These items are generally given away in a will and includes items like clothes,jewellery,cosmetics,furniture,silver etc.It is not real property.

Personal Injury
An injury to one's body or mind. May be grounds for a lawsuit if someone besides the victim is responsible for the injury

Personal Property
n.Movable assets like car,furniture animals etc are called personal property.It is also called personalty.It is not real property,money or investments.

Personal Representative
n.A person appointed in a will to administer or take care of the propery of the person who has died is a personal representative.He is also referred to as executor or administrator.He collects the property,pays debt and taxes and carries out other responsibilities as specified in the will.He also handles legal proceedings if any for the estate.

Personal Services
n.Person who is blessed with talent or qualities that are rare,one of its own and unique and difficult to find substitute in another person like that of an actor,singer,painter,doctor,architecture etc.Such qualities of great value are called personal services in contract law.

Personalty
n.It is personal property and not real property,money or investments.Movable assets like care,furniture,jewellery,animals ets come under personalty.

Petit Jury
Petit is a french term meaning "small".Petit jury is an old fashioned name for a jury that hears a lawsuit or a criminal prosecution.

Petition
It is a formal request or prayer in writing or print, to some govening body or public officials( court, political party, club) to exercise some judicial action on someone who has done wrong or grant favors or privileges as well.

Petitioner
n. A person or a party who files or signs a petition or a request of relief.

Petty Larceny
n.It is theft or srime of money, objects or psomeones property of a small value.It is distinguished from grand larceny which is theft of a bigger value and is punishable with a term in state prison whereas in petit larceny it can be maximum with a term in county jail.

Physician-Patient Privilege
n.The right of a physician not to give any legal statements in a trial regarding any persoanl and confidential information about his patient that he is bound to keep secret.The patient can sue him for any breach of trust except I some cases where the physician can give statements with the patient's permission.

Picketing
n taking out processions or simply standing infront of offices in protest for any kind of disputes or disagreement to bring the matter into notice.It is not considered crime as long as it is carried out silently but if violence is involved legal action can be taken.

Pierce The Corporate Veil
v. In a corporate entity piercing the corporate veil is a method which is used to make the shareholders liable for the acts of the corporation unlike the limited liability benefit which they are entitled as shareholders.

Pilferage
n. Crime related to the theft of small amounts or small items.It is a common problem when the cargo is getting transferred in shipments or baggages and in manufacturing units where employees steal items.

Pimp
n.Person who arranges fo a prostitue for a customer or vice versa and keeps his share of profit for the service provided by him.He is responsible to provide protection to the prostitutes but many atimes he cheats,rapes cruelly beats them and makes them drug addicted.He is gutilty of the crime of pandering.

Pink Slip
n.It is a slang term and refers to the notice issued for employment termination or getting fired from job and in some cases it also refers to automobile registration certificate of the pink color issued in some states.

Piracy
1. It is crime commited at seas and oceans especially on the ships and boats, the trial of which takes places according to international rules and laws or as per the geographic nation where such crime was commited. 2) It also refers to illegal reproduction of materials which are patented or copyright

Plagiarism
n.It is publishing or selling someone else's written concepts as one's own ideas.Use of brief quotes do not come under plagiarism.The author can sue the plagiarist and file a lawsuit to recover profits.It is not a crime but can be considered under fraud and copyright charges if proved by evidence.

Plain Error
It is an error commited by the trial court and discovered by the appeal court which can lead to reversal of decisions or orders made by the trial court.

Plain View Doctrine
n.The clause in criminal law whereby a law enforcement officer can search a place or seize objects without having a proper search warrant if he discovers that any criminal activity was going on or product of crime say a pistol is seen without any entry or search.

Plaintiff
n.He is a person who starts court action by filing a complaint with the clerk of the court against the defendants and seeks compensation from the court for damages to his rights.

Plaintiff's Attorney
n. In the court of law the lawyer who fights on behalf of the plaintiff that is the person who is suing another party for any sort of damages is called a plaintiff's attorney.

Plea
it refers to the response of the defendant,accused by the plaintiff's claims and charges of crime, against him.

Plea Bargain
It is a negotiated mutual agreement between the criminal defendant and the prosecutor, wherby the criminal case is disposed off with the approval of the court. The mutual agreement is such where the defendant may bargain for lesser trial periods, less severity of punishment, dismissing several charges or anything thats favorable or benefit for the ...

Plea In Abatement
It is a pleading by the defendant, as a response to the plaintiff's claim, where the defendant does not object to the claims but objects to its form or time or place thereby having an excuse for which a judge should consider before proclaiming a sentence as that may affect the decision. This is also known as dilatory plea where the judge considers ...

Plead
It is filing of written documents with the court in civil cases, to put a request for justice. In criminal cases it can be referred to the plea by the defendant against the claims by the plaintiff, in the written form.

Pleading
It refers to any legal,logically well written statements filed with the court by the plaintiff with the detailed facts for the reason of filing such case or by defendant with the base for the defence.

Pledge
v.The act of deposition of one's personal propert to obtain personal laon of money.Such a property is called collateral property and if the loan amount is not paid within the due date the property will be lost to repay the loan.

Plenary
adj.In the court of law this term is used to define a trial which is complete in every particular,satisfactory and has taken into consideration all the facts related to the trial.

Poison Pill
It is an anti-takeover stretegy by the company which is in target for the hostile takeover. It is a fullly planned tactics whereby the company or firm offers its shareholder, the stocks at much lower price(below market price) that it becomes very expensive and unattractive for the shareholder to takeover the company.

Police Court
Known as Jutice's Court, municipal court or Majistrate's court, it is a lower level court which has limited jurisdiction to handle the minor crimes (misdemeanors)and breaches of common municipal laws like traffic violations.It arranges for preliminary hearings, and trials and would also examine the case and decides if it need to be heard in some su...

Police Powers
It is the basic power vested in the state/government to regulate, restrict or limit the private rights in interest of the public welfare, law and order and security.

Political Question
n. These are issues that the court generally the supreme court decides not to try as they are matters of public significance and should be tried by the elected and selected members of the society.

Polygamy
n. An illegal practice of having more than one wife or husband during the same time, more precisely having more than two spouses at the same time which is called bigamy.This is considered crime in most states and communities.

Polygraph
n.It is a device or an instrument which is use to detect whether a person is speaking truth or not.It helps to find out the authencity of the statement given by a person.The test performd is called a lie detector test.

Pornography
It is referred to sexual activity represented in books, magazines, internet, CDs, films, either written,pictorial or any other form, which has no artistic or acedemic value. The main purpose of pornography is arousing sexual interest by the scenes of sexual behaviour inacted by humans, animals etc.

Positive Law
n.Laws which are derieved from certain traditions that are wholly accepted in the society by all the individuals.These are based upon certain common principles of moral value and is also called "God's Law".An example is that all men are equal.

Posse Comitatus
n. It is a latin term meaning "possble force" where the senior law enforcement officer is given the right to include physically and mentally fit men and women to help him in taking into custody a criminal.These people act like a temporary police force who help in maintaning law and order.