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Glossary

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Plea - The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.

Plea bargaining - Process where the accused and the prosecutor in a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead guilty to a lesser offense. Such bargains are not binding on the court. Also referred to as plea negotiating.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Pocket parts - Supplements to law books in pamphlet form which are inserted in a pocket inside the back cover of the books to keep them current.

Polling the jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Post-trial - Refers to items happening after the trial, i.e., post-trial motions or post-trial discovery.

Pour-Over will - A will that leaves some or all estate assets to a trust established before the will-maker's death.

Power - Authority to do. One has the power to do something if he is of legal age. Also, used as "powers," the term refers to authority granted by one person to another, i.e., powers given an executor in a will or an agent in a power of attorney.

Power of attorney - An formal instrument authorizing another to act as one's agent or attorney.

Precedent - Laws established by previous cases which must be followed in cases involving identical circumstances. (See stare decisis in Foreign Words Glossary.)

Preinjunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Preliminary hearing - Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. (See arraignment.)

Preponderance of the proof - Greater weight of the evidence, the common standard of evidence in civil cases.

Presentence report - A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision.

Presentment - Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include a formal charge of crime. A presentment differs from an indictment.

Pretermitted child - A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.