Glossary of Tort Law Terms

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Legal Glossaries Index

Panel: (1) In appellate cases, a group of judges (usually three) assigned to decide the case; (2) in the jury selection process, the group of potential jurors.

Parties: Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers.

Partition: A court action to divide property. Typically taken when a property is jointly owned and a dispute arises about how to divide it.

Partnership: An association of two or more people who agree to share in the profits and losses of a business venture.

Penalty Phase: The second part of a bifurcated trial, in which the jury hears evidence and then votes on what penalty or damages to impose.

Peremptory Challenges: Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason. Challenges may not be used to keep members of a particular race or sex off the jury.

Personal Guardian: Person appointed to take custody of children and provide for their care and upbringing. Distinguished from property guardian.

Personal Representative: A person who manages the legal affairs of another, such as a power of attorney or executor.

Petit Jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal civil juries consist of six persons. Distinguished from a grand jury.

Petition: A written application to the court asking for specific action to be taken.

Plaintiff: The person who initiates a lawsuit.

Pleadings: In a civil case, the allegations by each party of their claims and defenses.

Power of Attorney: The authority to act legally for another person.

Precedent: A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction.

Prejudgment Interest: Prejudgment interest is the amount of interest that accrues on the value of an injured consumer's claim between the time he or she files a case and the final judgment. Some states penalize victims by prohibiting pre-judgment interest or by imposing very low limits on pre-judgment interest rates. Laws that limit prejudgment interest can delay timely settlements or judgments in civil cases by reducing the monetary incentive that defendants have to resolve cases expeditiously.

Preponderance of the Evidence: The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).

Pre-sentencing Report: A report prepared by a probation department, for a judge, to assist in sentencing. Typically contains information about prior convictions and arrests, work history and family details.

Pretrial Conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Pre-Trial Diversion: A program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.

Prima Facie: Latin for "at first view." Refers to the minimum amount of evidence a plaintiff must have to avoid having a case dismissed. It is said that the plaintiff must make a prima facie case.

Privileged Communication: Conversation that takes places within the context of a protected relationship, such as that between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient.

Pro se: Latin phrase that means "for himself." A person who represents himself in court alone without the help of a lawyer is said to appear pro se.

Procedure: The rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.

Product Liability Defences: The doctrine of "strict liability" has long applied in suits involving defective products. Strict liability ensures that one who is responsible for bringing a dangerously defective product into the marketplace or workplace compensates those injured by the product. This forces plaintiffs, who are at a distinct disadvantage when it comes to knowledge about technical design alternatives, to prove the existence of such alternatives when this defense is raised. Other laws immunize manufacturers that produce products with design defects if the products have "obvious risks," like tobacco, or are considered "unavoidably unsafe," like guns -- even if a defective gun accidentally discharges and kills someone.

Promissory Note: A written document in which a borrower agrees (promises) to pay back money to a lender according to specified terms.

Property Guardian: Person appointed to oversee property left to a minor in a will. Distinguished from a personal guardian.

Punitive Damages: Money awarded to a victim that is intended to punish a defendant and stop the person or business from repeating the type of conduct that caused an injury. Also intended to deter others from similar conduct.