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perjury. Intentional false statement of material importance made under
oath; lying under oath.
person. Generally, a human being. Legally, a "person" may statutorily
include a corporation, partnership, trustee, legal representative, etc.
personal jurisdiction. The power of a court over a person. Compare with
subject matter jurisdiction.
personal representative. One who stands in the place of another.
plaintiff. In civil law, the person who brings an action or starts a
lawsuit.
plead. In civil law, a defendant's formal answer to a plaintiff's
complaint.
pleading. A document filed in a court that pertains to a case.
possessor of land. A person who occupies land and intends to control it.
Most often, it is the owner of the property.
power of attorney. Written document authorizing one person to take
certain legal actions on behalf of the person giving the power of attorney.
precedent. Decision by a court that provides an example or authority for
later cases involving a similar question of law. See binding authority.
preponderance of the evidence. The amount of evidence needed for a
plaintiff to win in a civil action. A preponderance of the evidence is the
greater weight of the evidence or the more convincing evidence in comparison to
the evidence offered in opposition. A plaintiff can win by a preponderance of
the evidence even if plaintiff's evidence merely tips the scales in plaintiff's
favor.
prevailing party. Generally, the winning party in a lawsuit.
prima facie. Literally means "at first sight" or "on the face of it."
"Prima facie evidence" is evidence that is good and sufficient on its face. A
plaintiff makes out a "prima facie case" when he or she presents "prima facie
evidence," which means that the plaintiff is permitted to prevail on that
evidence alone, unless the defendant can put forth sufficient evidence to
overcome it.
privileged communication. Statement protected from forced disclosure in
court because the statement was made within a "protected" relationship such as
attorney/client. See attorney-client privilege.
pro bono. (Latin: "for the good") Used to describe the provision of
services free of charge.
procedural law. Generally, the body of law establishing the method or
procedure of enforcing rights or obtaining redress for invasion of rights.
Compare with substantive law which establishes rights.
promulgate. To officially announce.
proximate cause. The proximate cause of an injury is the primary or
moving cause that produces the injury and without which the accident could not
have happened, if the injury is one which might be reasonably anticipated or
foreseen as a natural consequence of the wrongful act.
punitive damages or exemplary damages. Compensation greater than is
necessary to pay a plaintiff for a loss. These damages are awarded because the
loss was aggravated by violence, oppression, malice, fraud or wanton and wicked
conduct on the part of the defendant. Such damages are intended to punish the
defendant for his evil behavior or make an example of him or her.
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