the patent application. petition,
vb.
petition de droit. See PETITION OF RIGHT.
petitioner. (I5c) A party who presents a petition to a
court or other official body, esp. when seeking relief
on appeal. -Also termed (archaically) plaintiff in
error. Cf. RESPONDENT (2). [Cases: Appeal and Error
petition for access. Patents. Application to inspect a
patent application, made by someone who does not
usu. have the authority to do so. -The petition must
demonstrate a special need for access, and show that
the applicant has been notified of the petition. The
patent applicant is entitled to a hearing before access
is granted. [Cases: Patents
petition in bankruptcy. A formal written request,
presented to a bankruptcy court, seeking protection
for an insolvent debtor . The debtor (in a voluntary
bankruptcy) or the debtor's creditors (in an involun
tary bankruptcy) can file such a petition to initiate a
bankruptcy proceeding. [Cases: Bankruptcy (:::::>2257,
2290.]
petition of right. 1. (cap.) One of the four great charters
of English liberty (3 Car. I (1628), establishing that
"no man be compelled to make or yield any gift, loan,
benevolence, tax, or such like charge, without common
consent by act of parliament."  The other three great
charters are Magna Carta, the Habeas Corpus Act
(31 Car. 2 (1679, and the Bill of Rights (I W. & M.
(1689)).2. Hist. A proceeding in chancery by which
a subject claims that a debt is owed by the Crown or
that the Crown has broken a contract or wrongfully
detained the subject's property. -Although the petition
is addressed directly to the Crown, the courts adju
dicate the claim just as in an action between private
parties. Also termed petition de droit. petition to make special. Patents. A petition asking
the U.S. Patent and Trademark Office to expedite a
patent prosecution. -Special processing is available,
for example, in favored areas ofscience (such as cancer
research and energy conservation), where the inventor
is sick or elderly, and where infringement is already
taking place. [Cases: Patents (:::::> 104.]
petit juror. See JUROR.
petit jury. See JURY.
petit larceny. See LARCENY.
petitor (pet-;H;lr), n. [Latin) Roman law. A plaintiff in a
civil action; ACTOR (4).
petitorium (pet-;l-tor-ee-;lm). See petitory action under
ACTION (4).
petitory action. See ACTION (4).
petitory suit. See petitory action under ACTION (4).
petit serjeanty. See SERJEANTY.
petit treason. See petty treason under TREASON.
Petrine privilege. Eccles. law. The Pope's power to
dissolve a marriage between a baptized spouse and
an unbaptized spouse when the Pauline Privilege
is unavailable and the dissolution would be benefi
cial to the interests of the Church. The privilege is
usu. exercised to dissolve a previous marriage of a
Roman Catholic. But sometimes it is applied in the
case of a baptized non-Catholics who wishes to marry
a Catholic. On rare occasions, the privilege has also
been extended to dissolve the marriage of two unbap
tized non -Catholics ifone of them wishes to marrv a
Catholic. Cf. PAULINE PRIVILEGE. '
petroleum-conservation law. Oil &gas. A state law that
limits the rule ofcapture and defines the correlative
rights doctrine by regulating the drilling and operation
ofoil-and-gas wells. -Petroleum-conservation laws are
intended to prevent waste and correlative rights.
[Cases: Mines and Minerals 92.14,92.28.J
pettifogger (pet-i-fog-;lr), n. (16c) 1. A lawyer lacking in
education, ability, sound judgment, or common sense.
2. A lawyer who douds an issue with insignificant
details. -pettifoggery (pet-i-fog-dr-ee), n.
pet trust. See TRUST.
petty, adj. (16c) Relatively insignificant or minor <a petty
crime>. Cf. GRAND.
petty assize. See ASSIZE (6).
petty average. See particular average under AVERAGE.
petty cash. See CASH.
petty jury. See petit jury under fURY.
petty larceny. See petit larceny under LARCENY.
petty offense. See OFFENSE (1).
petty officer. See OFFICER (2).
petty patent. See UTILITY MODEL.
petty sessions. Hist. English law. Sessions ofjustice-of
the-peace court held to try minor misdemeanors sum
marily (I.e., without a jury).

1263 pickery
petty theft. See THEFT.
petty treason. See TREASON.
p.fat. abbr. PRAEFATUS.
PFPA. abbr. PENTAGON FORCE PROTECTION AGENCY.
PGS. abbr. See pictorial, graphic, and sculptural work
under WORK (2).
phantom jury. See shadow jury under JURY.
phantom stock. See STOCK.
phantom stock plan. A long-term benefit plan under
which a corporate employee is given units having the
same characteristics as the employer's stock shares . It
is termed a "phantom" plan because the employee does
not actually hold any shares but instead holds the right
to the value of those shares. -Also termed shadow
stock plan. [Cases: Labor and Employment (:;:::::>420.]
phenotype. Patents. A living organism's physical charac
teristics and behavior.  A patent on living matter must
disclose its genetic makeup rather than just describe its
phenotype. Cf. GENOTYPE.
Philadelphia lawyer. (I788) A shrewd and learned
lawyer . This term can have positive or negative con
notations today, but when it first appeared (in colonial
times), it carried only a positive sense deriving from
Philadelphia's position as America's center oflearning
and culture.
philosophie du droit. See ethical jurisprudence under
JURISPRUDENCE.
philosophy oflaw. See general jurisprudence (2) under
JURISPRUDENCE.
phishing, n. Slang. The sending of a fraudulent elec
tronic communication that appears to be a genuine
message from a legitimate entity or business for the
purpose of inducing the recipient to disclose sensitive
personal information. Cf. BOILER-ROOM TRANSACTION;
TELESCAM.
Phonograms Convention. See GENEVA PHONOGRAMS
CONVENTION.
phonorecord (foh-noh-rek-drd). (1968) A physical
object (such as a phonographic record, cassette tape,
or compact disc) from which fixed sounds can be
perceived, reproduced, or otherwise communicated
directly or with a machine's aid . The term is fairly
common in copyright contexts since it is defined in the
U.S. Copyright Act of 1976 (17 USCA  101). [Cases:
Copyrights and Intellectual Property ~10.2.]
photofit. See IDENTIKIT.
p.h.v. abbr. PRO HAC VICE.
phylacist (fI-l;:l-sist), n. Archaic. A jailer. -Also spelled
phylasist.
physical child endangerment. See CHILD ENDANGER
MENT.
physical cruelty. See CRUELTY.
physical custody. (1884) 1. Custody ofa person (such as
an arrestee) whose freedom is directly controlled and limited. 2. Family law. The right to have the child live
with the person awarded custody by the court. -Also
termed residential custody. [Cases: Child Custody
147,209.] 3. Possession ofa child during visitation.
physical diagnosis. See DIAGNOSIS.
physical disability. See DISABILITY (2).
physical endangerment. See physical child endanger
ment under CHILD ENDANGERMENT.
physical evidence. See real evidence (1) under EVIDENCE.
physical fact. See FACT.
physical-facts rule. (1923) Evidence. The principle that
oral testimony may be disregarded when it is incon
sistent or irreconcilable with the physical evidence in
the case. Also termed doctrine ofincontrovertible
physical facts; incontrovertible-physical-facts doctrine.
[Cases: Criminal Law ~553; Evidence ~-:>588.1
physical force. See actual force under FORCE.
physical harm. See HARM.
physical hazard. See HAZARD (2).
physical-impact rule. See IMPACT RULE.
physical impossibility. See factual impossibility under
IMPOSSIBILITY.
physical incapacity. See IMPOTENCE.
physical injury. See bodily injury under INJURY.
phYSical-inventory accounting method. See ACCOUNT
INGMETHOD.
physical necessity. See NECESSITY.
physical neglect. See NEGLECT.
physical-proximity test. (1955) Criminal law. A com
mon-law test for the crime of attempt, fOCUSing on
how much more the defendant would have needed to
do to complete the offense. See ATTEMPT (2). [Cases:
Criminal Law ~44.]
physical shock. See SHOCK.
physical taking. See TAKING (2).
physician-assisted suicide. See assisted suicide under
SUICIDE.
physician-client privilege. See doctor-patient privilege
under PRIVILEGE (3).
physician-patient privilege. See doctor-patient privilege
under PRIVILEGE (3).
physician's directive. See ADVANCE DIRECTIVE (2).
P.I. abbr. 1. See personal injury under INJURY. 2. Private
investigator.
piacle (pr-d-bl), n. Archaic. A serious crime.
piafraus (pr-;:l fraws). [Latin "piOUS fraud"] A subterfuge
or evasion considered morally justifiable; esp., evasion
or disregard of the law in the interests of a religious
institution, such as the church's circumventing the
mortmain statutes.
picaroon (pik-~-roon). A robber or plunderer.
pickery. Hist. Scots law. Petty theft.

picketing 1264
picketing. (1832) The demonstration by one or more
persons outside a business or organization to protest
the entity's activities or policies and to pressure the
entity to meet the protesters' demands; esp . an employ
ees' demonstration aimed at publicizing a labor dispute
and influencing the public to withhold business from
the employer.  Picketing is usu. considered a form of
fair persuasion of third persons if access to the place
of business is not materially obstructed. Cf. BOYCOTT;
STRIKE.
common-situs picketing. The illegal picketing by union
workers of a construction site, stemming from a
dispute with one ofthe subcontractors. [Cases: Labor
and Employment~' 1381.]
informational picketing. Picketing to inform the public
about a matter of concern to the union.
organizational picketing. Picketing by a union in an
effort to persuade the employer to accept the union
as the collective-bargaining agent of the employees;
esp., picketing by members of one union when the
employer has already recognized another union as
the bargaining agent for the company's employees.
Also termed recognition picketing.
secondary picketing. The picketing ofan establishment
with which the picketing party has no direct dispute
in order to pressure the party with which there is
a dispute. See secondary boycott under BOYCOTT;
secondary strike under STRIKE. [Cases: Labor and
Employment ~1411.]
unlawful picketing. Picketing carried on in violation
oflaw, as when the picketers use threats or violence to
dissuade other employees from returning to work.
pickpocket. (16c) A thief who steals money or property
from the person of another, usu. by stealth but some
times by physical diversion such as bumping into or
pushing the victim.
pickpocketing, n. See larceny from the person under
LARCENY.
pickup tax. See TAX.
pictorial, graphic, and sculptural work. See WORK (2).
piecemeal zoning. See partial zoning under ZONING.
piecework. Work done or paid for by the piece or job.
piepowder court (pI-pow-dar). Hist. In medieval
England, a court having jurisdiction over a fair or
market and preSided over by the organizer's steward.
 The name is a corruption of two French words (pied
and poudre) meaning" dusty feet." -Also termed court
ofpiepowder. Also spelled piepoudre; piedpoudre;
pipowder; py-powder.
piercing the corporate veil. (1928) lhe judicial act of
imposing personal liability on otherwise immune cor
porate officers, directors, or shareholders for the cor
poration's wrongful acts. -Also termed disregarding
the corporate entity; veil-piercing. See CORPORATE VEIL.
[Cases: Corporations ~1.4(1).]
"[C]ourts sometimes apply common law prinCiples to
'pierce the corporate veil' and hold shareholders personally liable for corporate debts or obligations. Unfortunately,
despite the enormous volume of litigation in this area, the
case law fails to articulate any sensible rationale or policy
that explains when corporate existence should be disre
garded. Indeed, courts are remarkably prone to rely on
labels or characterizations of relationships (such as 'alter
ego,' 'instrumentality,' or 'sham') and the decisions offer
little in the way of predictability or rational explanation
of why enumerated


rumentality,' or 'sham') and the decisions offer
little in the way of predictability or rational explanation
of why enumerated factors should be decisive." Barry R.
Furrow et aI., Health Law  5-4, at 182 (2d ed. 2000).
Pierringer release. See RHEASE (2).
pigeon drop. See JAMAICA~ SWITCH.
piggyback registration rights. See REGISTRATION
RIGHTS.
pigneratio. See PIG~ORATIO (1).
pigneratitia actio. See ACTIO.
pignorate (pig-nCl-rayt), vb. (17c) 1. To give over as
a pledge; to pawn. 2. To take in pawn. Cf. OPPI
GNORATE. pignorative, adj.
pignoratio (pig-n;)-ray-shee-oh), n. [Latin] L Roman law.
The real contract (pignus) under which the a debtor
handed something over to a creditor as security; the act
of depositing as a pledge. Also spelled pigneratio. 2.
Civil law. The impounding ofanother's cattle (or other
animals) that have damaged property until the cattle's
owner pays for the damage. Pi. pignorationes (pig-nCl
ray -shee-oh -neez).
pignoratitia actio (pig-n;)-ra-tish-ee-a ak-shee-oh).
[Latin] Roman law. An action founded on a pledge,
either by the debtor (an action directa) or by a creditor
(an action contraria). Cf. cautio pignoratitia under
CAUTIO.
pignorative contract. See CONTRACT.
pignoris capio (pig-na-ris kap-ee-oh). [Latin "taking
a pledge"] Roman law. A form of extrajudicial execu
tion by which a creditor took a pledge from a debtor's
property.
pignus (pig-nCls), n. [Latin "pledge"] 1. Roman & civil
law. (ital.) A bailment in which goods are delivered
to secure the payment of a debt or performance of an
engagement, accompanied by a power ofsale in case of
default.  This type of bailment is for the benefit of both
parties. Also termed pawn; pledge. See PIGNORATIO.
2. A lien. Pi. pignora or pignera.
pignus judiciale (pig-nas joo-dish-ee-ay-lee). [Latin]
Civil law. The lien that a judgment creditor has on the
property of the judgment debtor .
pignus legale (pig-n;)s la-gay-lee). [Latin] Civil/aw. A
lien arising by operation of law, such as a landlord's
lien on the tenant's property.
pignus praetorium (pig-n<Js pri-tor-ee-<Jm). [Latin "a
magisterial pledge"] Roman law. A pledge given to a
creditor by order of a magistrate.
PIH. abbr. OFFICE OF PUBLIC AND INDIAN HOUSING.
pilferage (pil-far-ij), n. (I8c) 1. The act or an instance
of stealing. 2. The item or items stolen. See LARCENY;
THEFT. pilfer (pH-fClr), vb.

pill. See POISON PILL.
pillage (pH-ij), n. 1. The forcible seizure of another's
property, esp. in war; esp., the wartime plundering of
a city or territory. 2. The property so seized or plun
dered; BOOTY. -Also termed plunder. [Cases: War and
National Emergency C~2l.] -pillage, vb.
pillory (pil-<l-ree), n. Hist. A punishment instrument
consisting ofa wooden framework with holes through
which an offender's head and hands are placed and
secured. A person put in a pillory usu. had to stand
rather than sit (as with the stocks). Cf. STOCKS.
finger pillory. Hist. Eccles. law. A miniature stock used
to confine the fingers of a person who misbehaved
during church services.
pilot. 1. A person in control of an airplane. 2. Maritime
law. A person in control ofa vessel.
bar pilot. See BRANCH PILOT.
branch pilot. A pilot, esp. one who is trained and
licensed to navigate rivers and their tributaries . The
term originated in England when pilots were licensed
to navigate the River 'Thames and its tributaries.
Also termed bar pilot. See TRINITY HOUSE. [Cases:
Pilots
compulsory pilot. A ship pilot entitled by law to guide a
ship for a particular purpose, such as piloting the ship
into harbor . The compulsory nature ofthe appoint
ment relieves the vessel's owner ofpersonal liability if
the pilot causes a collision. Cf. voluntary pilot. [Cases:
Pilots c;::::,7.]
"The compulsory pilot presents a special problem. Statutes
that impose a fine or imprisonment for the failure to take a
pilot obviously create compulsory pilotage. Some statutes,
however, allow the ship to refuse the pilot provided she
pays his fee or half of it ('half-pilotage'). The Supreme
Court has indicated that it does not regard the tendering
of this alternative as amounting to compulsion. It makes
a difference, because it is pretty well settled that if the
pilotage is 'compulsory' the respondeat superior nexus
is broken, and the shipowner cannot be held personally
liable for the fault of the pilot resulting in collision. The
ship's liability in rem. however, is unaffected by the fact
that the pilotage is compulsory. This is one of the more
striking consequences of the endowment of the ship with
a juristic personality independent of that of her owner,"
Grant Gilmore & Charles L. Black Jr., The Law of Admiralty
 7-16, at 520-21 (2d ed. 1975).
voluntary pilot. A ship pilot who controls a ship with
the permiSSion of the vessel's owner . The vessel's
owner is personally liable for damage resulting from
a collision caused by a voluntary pilot. Cf. compul
sory pilot.
"If a vessel is in the hands of a harbor pilot at the time of
the collision, the question arises whether the fault of the
pilot is imputed to the vessel owner or operator. American
law draws an unwarranted distinction between the 'volun
tary pilot: who is taken on voluntarily, and the 'compulsory
pilot; who is mandated by a statute or local regulation.
The voluntary pilot is considered to be the same as any
crew member, and his fault is fully attributable to the
vessel owner. A compUlsory pilot's fault, however, cannot
be imputed to the shipowner personally; the doctrine of
respondeat superior does not apply. At most, the vessel
is liable in rem since the compulsory pilot's negligence is attributable to the ship. The distinction makes little sense
in that it throws the loss upon potentially innocent parties
and ignores the fact that the vessel owner commonly
carries insurance against this liability. In any colliSion case,
therefore, care should be taken to assert a maritime lien
and to sue the vessel in rem if a compulsory pilot may be
involved," Thomasj. Schoenbaum, Admiralty and Maritime
Law  13-1, at 450-51 (1987).
pilotage (pl-I.:;-tij). 1. The navigating of vessels; the
business of navigating vessels. [Cases: Pilots c;::::, 14.]
2. Compensation that a pilot receives for navigating a
vessel, esp. into and out ofharbor or through a channel
or passage. [Cases: Pilots c;::::,9.]
compulsory pilotage. A requirement, imposed by law
in some jurisdictions, that vessels approaching or
leaVing a harbor must take on a licensed pilot to guide
the vessel into or out ofthe harbor. [Cases: Pilots c;::::,
7.)
half-pilotage. Compensation equaling half the value of
services that a pilot has offered to perform . Ship
owners can avoid compulsory pilotage in some juris
dictions by payment of half-pilotage. [Cases: Pilots
c;::::, 11.]
pimp, n. (17c) A person who solicits customers for a
prostitute, usu. in return for a share ofthe prostitute's
earnings. See PANDERING (1). Cf, BAWD. [Cases: Pros
titution c;::::, 17.] pimp, vb. -pimping, n.
pincite. See pinpoint citation under CITATION (3).
pinkerton. Slang, A private detective or security guard,
usu. one who is armed. The name comes from the
Pinkerton Detective Agency, the first private detective
agency in the United States, established in 1852.
Pinkerton rule. (1979) Criminal law. The doctrine
imposing liability on a conspirator for all offenses
committed in furtherance of the conspiracy, even if
those offenses are actually performed by coconspira
tors. Pinkerton v. United States, 328 U.S. 640, 66 S.Ct.
1180 (1946). [Cases: Conspiracy c;::::,41.)
pink sheet. A daily publication listing over-the-counter
stocks, their market-makers, and their prices. -Printed
on pink paper, pink sheets are published by the National
Quotation Bureau, a private company. Also termed
National Daily Quotation Service.
pink slip. Slang. A notice ofemployment termination
given to an employee by an employer.
pinpoint citation. See CITATION (3).
PINS. abbr. PERSON IN NEED OF SUPERVISION.
pioneer drug. See DRUG.
pioneer patent. See PATENT (3).
pious gift. See charitable gift under GIFT.
pious use. See USE (1).
Pipe Rolls. Hist. The Exchequer's records ofroyal revenue,
including revenue from feudal holdings, judicial fees,
and tax revenue collected by the sheriffs . 'The Pipe
Rolls comprise 676 rolls, covering the years 1131 and
1156 to 1833 (except for gaps in 1216 and 1403). Also
termed Great Rolls ofthe Exchequer.

1266 PIR
'The Pipe rolls (so called possibly because of their pipe-like
appearance when rolled up and stacked) were the rolls
of the Exchequer and consist of parchment skins sewn
together. Roger of Salisbury, Henry I's Treasurer, had estab
lished a rudimentary national financial system and the Pipe
roll recording financial details at the end of Henry's reign
is in existence .... The rolls contain much information
concerning royal debtors, administration, and personnel of
the King's government." L.B. Curzon, English Legal History
64-65 (2d ed. 1979).
PIR. abbr. PRESENTENCE INVESTIGATION REPORT.
piracy, n. (16c) 1. Robbery, kidnapping, or other criminal
violence committed at sea. [Cases: Criminal Law
45.50.] 2. A similar crime committed aboard a plane or
other vehicle. 3. HIJACKING. [Cases: Aviation G..'-::> 16.]
air piracy. (194S) The crime of using force or threat
to seize control of an aircraft; the hijacking of an
aircraft, esp. one in flight. -Also termed aircraft
piracy. [Cases: Aviation (;::::c 16.]
4. The unauthorized and illegal reproduction or dis
tribution of materials protected by copyright, patent,
or trademark law. See INFRINGEMENT. [Cases: Copy
rights and Intellectual Property Patents (;::::c
226; Trademarks (;::::c 1418.] pirate, vb. piratical
(pI-rat-<l-k<lI), adj. -pirate, n.
"[TJhe test of piracy [is] not whether the identical language,
the same words, are used, but whether the substance of the
production is unlawfully appropriated." Eaton S. Drone. A
Treatise on the Law ofProperty in Intellectual Productions
97 (1879).
"[I]n some countries the problem is what might be called
the 'cycle of piracy' ~..... legitimate copyright owners refuse
to sell in the country because of the piracy problem, which
means that the only way the public can obtain the goods
it wants is to turn to piracy. This in turn only strengthens
the resolve of copyright owners not to do business in the
country." Intellectual Property in the New Technological Age
514 (Robert P. Merges et aL eds., 1997).
video piracy. The illegal copying and sale or rental of
copyrighted motion pictures.
pirate recording. Copyright. An unauthorized copy
of the sounds on a copyright-protected recording,
including digital duplication made available over the
Internet. Sometimes also termed bootleg record
ing. [Cases: Copyrights and Intellectual Property (;::::c
67.2.]
piscary. 1. See FISHERY (1). 2. See common ofpiscary
under COMMON (1).
pit and gallows. Hist. Scots law. An ancient form of
capital punishment for theft by which a condemned
woman was drowned in a pit and a condemned man
was hanged on a gallows.
PIT!. abbr. Principal, interest, taxes, and insurance
the components of a monthly mortgage payment.
P.,. See presiding judge under JUDGE.
PKPA. abbr. PARENTAL KIDNAPPING PREVENTION ACT.
pI. abbr. PLACITUM (8).
P.L. abbr. PUBLIC LAW, placard (plak-ahrd or plak-<lrd). 1. Hist. An official
document, such as a license or permit. 2. An adver
tisement posted in a public place.
place land. See INDEMNITY LAND.
placement.!. The act ofselling a new issue ofsecurities
or arranging a loan or


MNITY LAND.
placement.!. The act ofselling a new issue ofsecurities
or arranging a loan or mortgage. 2. The act of finding
employment for a person, esp. as done by an employ
ment agency.
place ofabode. (16c) A person's residence or domicile.
See ABODE; RESIDENCE; DOMICILE. [Cases: Domicile
place of business. (16c) A location at which one carries
on a business. Cf. DOMICILE (2). [Cases: Corporations
(;::::c52.]
principal place ofbusiness. (lS25) The place of a cor
poration's chief executive offices, which is typically
viewed as the "nerve center. [Cases: Corporations ~~,
52, 503(1).]
place ofcontracting. (ISc) The country or state in which
a contract is entered into. The place ofcontracting is
not necessarily the place where the document is signed;
another location be designated in the contract.
[Cases: Contracts
place of delivery. (17c) The place where goods sold are
to be sent by the seller. If no place is specified in the
contract, the seller's place ofbusiness is usu. the place
ofdelivery. UCC  2-308. [Cases: Sales C-=>79.]
place ofemployment. (17c) The location at which work
done in connection with a business is carried out; the
place where some process or operation related to the
business is conducted.
place ofperformance. The place where a promise is to be
performed, either by specific provision or by interpreta
tion ofthe language of the promise. [Cases: Contracts
(;::::c20S.]
place ofwrong. The place. esp. the state, where the last
event necessary to make an actor liable for an alleged
tort takes place. [Cases: Torts (;::::c 103.]
place-of-wrong law. See LEX LOCI DELICTI.
place-of-wrong rule. See LEX LOCI DELICTI.
placer claim. See MINING CLAIM.
placita (plas-<l-ta), n. [Latin] pl. PLACITUM.
placitabile (plas-<l-tay-b<l-lee), adj. [Law Latin] That may
be pleaded; pleadable.
placita communia (plas-a-t<l b-myoo-nee-<l). [Latin]
Common pleas; civil actions between subject and
subject.
placita coronae (plas-<l-t<l b-roh-nee), [Latin] Pleas of
the Crown; criminal actions.
placita juris (plas-<l-ta joor-is). [Law Latin "pleas oflaw"]
Hist. Positive statements or gUiding principles of the
law, in contrast to legal conclusions or maxims.
placitare (plas-<l-tair-ee), vb. [Law Latin] To plead; to
bring an action in a court oflaw.

placitory (plas-d-tor-ee), adj. [Law Latin] Of or relating
to pleas or pleading.
placitum (plas-d-tdm), n. [Latin] Hist. 1. Roman law. An
imperial constitution. 2. A judicial decision. 3. A court;
a judicial tribunal. 4. A judicial proceeding; a trial. 5. A
fine, mulct, or pecuniary punishment. 6. A pleading or
plea. 7. A paragraph or section of a title or page where
the paint decided in a case is set forth separately. -
Abbr. (in sense 7) pI. PI. placita.
placitum et conventio. See consensus ad idem under
CONSENSUS.
placitumfractum (plas-d-tdm frak-tam). [Law Latin]
Hist. A day past or lost to the defendant.
placitum nominatum (plas-a-tam nom-a-nay-tam).
[Law Latin] Hist. The day appOinted for a defendant to
appear and plead.
placuit reg; et concilio suo (plak-yoo-it ree-jI et kan-sil
ee-oh s[y]oo-oh). [Law Latin] Hist. It has pleased the
king and his council.
plagiarism. (17c) 1he deliberate and knOWing presen
tation of another person's original ideas or creative
expressions as one's own. -Generally, plagiarism is
immoral but not illegal. Jf the expression's creator gives
unrestricted permission for its use and the user claims
the expression as original, the user commits plagia
rism but does not violate copyright laws. Ifthe original
expression is copied without permission, the plagiarist
may violate copyright laws, even if credit goes to the
creator. And if the plagiarism results in material gain,
it may be deemed a passing-off activity that violates
the Lanham Act. It can also be a criminal act under 17
USCA  5-6. Cf. f:-.rFRINGEMENT. [Cases: Copyrights
and Intellectual Property <>53(1).] -plagiarize
(play-jd-nz), vb. plagiarist (play-ja-rist), n.
"Plagiarism, which many people commonly think has to do
with copyright, is not in fact a legal doctrine, True plagia
rism is an ethical, not a legal, offense and is enforceable by
academic authorities, not courts. Plagiarism occurs when
someone a hurried student, a neglectful professor, an
unscrupulous writer -falsely claims someone else's words,
whether copyrighted or not, as his own. Of course, if the
plagiarized work is protected by copyright, the unauthor
ized reproduction is also a copyright infringement," Paul
Goldstein, Copyright's Highway 12 (1994),
"That the supporting evidence for the accusation of plagia
rism may on occasion be elusive, insufficient, or uncertain,
is not the same as thinking that the definition of plagia
rism is uncertain. The gray areas may remain resistant to
adjudication without being resistant to definition. It may
be perfectly clear what constitutes plagiarism ('using the
work of another with an intent to deceive') Without its being
clear that what faces us is truly a case of this," Christopher
Ricks, "Plagiarism," 97 Proceedings ofthe British Academy
149,151 (1998),
plagiarius (play-jee-air-ee-as), n. [Latin] Roman law. A
kidnapper.
plagium (play-jee-am), n. [Latin] Roman law. The act of
kidnapping, esp. a slave or child, which included har
boring another's slave. -Also termed crimen plagii.
plaideur (play-or pie-dar), n. [Law French "pleader"]
Archaic. An attorney at law; an advocate. plaidoyer (ple-dwah-yay), n. [French) Hist. An advocate's
plea.
plain bond. See DEBENTURE (3).
plain error. See ERROR (2).
plain-feel doctrine. (1984) Criminal procedure. The
principle that a police officer, while conducting a legal
pat-down search, may seize any contraband that the
officer can immediately and clearly identify, by touch
but not by manipulation, as being illegal or incrimi
nating. Also termed plain-touch doctrine. [Cases:
Searches and Seizures (..':::>47.1.]
plain-language law. (1978) Legislation requiring
nontechnical, readily comprehensible language in
consumer contracts such as residential leases or insur
ance policies. -Many of these laws have genUinely
simplified the needlessly obscure language in which
consumer contracts have traditionally been couched.
[Cases: Antitrust and Trade Regulation <>126; Insur
ance (...'=' 1773.]
plain-language movement. (1978) 1. The loosely orga
nized campaign to encourage legal writers and business
writers to write clearly and concisely without
legalese while preserving accuracy and precision.
2. The body of persons involved in this campaign.
plain meaning. See MEANING.
plain-meaning rule. (1937) 1. The rule that ifa writing,
or a provision in a writing, appears to be unambiguous
on its face, its meaning must be determined from the
writing itself without resort to any extrinsic evidence.
 Though often applied, this rule is often condemned as
Simplistic because the meaning ofwords varies with the
verbal context and the surrounding circumstances, not
to mention the linguistic ability ofthe users and readers
(including judges). Cf. GOLDEN RULE; MISCHIEF RULE;
EQUITY-OF-THE STATUTE RULE. [Cases: Contracts <>
143,152; Statutes 188.]
"On its positive side. the plain meaning rule states a tautol
ogy: Words should be read as saying what they say, The
rule tells us to respect meaning but it does so without
disclosing what the specific meaning is. At best, it reaffirms
the preeminence of the statute over materials extrinsic to
it. In its negative aspect, on the other hand, the rule has
sometimes been used to read ineptly expressed language
out of its proper context. in violation of established prin'
ciples of meaning and communication, To this extent it
is an impediment to interpretation." Reed Dickerson, The
Interpretation and Application ofStatutes 229 (1975).
2. ORDINARY-MEANING RULE.
plain-sight rule. See PLAIN-VIEW DOCTRINE.
plaint. 1. Archaic. A complaint, esp. one filed in a replevin
action. See COMPLAfNT (1). 2. Civil law. A complaint
or petition, esp. one intended to set aside an allegedly
invalid testament.
plaintiff. (14c) The party who brings a civil suit in a court
oflaw. -Abbr. pltf. Cf. DEFENDANT.
involuntary plaintiff. A plaintiff who is joined in a
lawsuit by court order when the party's joinder is
imperative for the litigation and the party is subject
to the court's jurisdiction but refuses to join the suit

1268 plaintiff in error
voluntarily. _ Under Federal Rule ofCivil Procedure
19(a), a party is usu. joined as a defendant but may be
joined as an involuntary plaintiff in "a proper case."
[Cases: Federal Civil Procedure ~201; Parties
18.]
use plaintiff. See USE PLAINTIFF.
plaintiff in error. (17c) Archaic. 1. See APPELLANT. 2.
See PETITIONER.
plaintiff's-viewpoint rule. The principle that courts
should measure the amount in controversy in a case
by analyzing only the amount of damages claimed by
the plaintiff. [Cases: Federal Courts ~339.J
plain-touch doctrine. See PLAIN-FEEL DOCTRINE.
plain-vanilla swap. See INTEREST-RATE SWAP.
plain-view doctrine. (1963) Criminal procedure. The rule
permitting a police officer's warrantless seizure and use
as evidence ofan item seen in plain view from a lawful
position or during a legal search when the officer has
probable cause to believe that the item is evidence of a
crime. Also termed clear-view doctrine; plain-sight
rule. Cf. OPEN-fIELDS DOCTRINE. [Cases: Controlled
Substances 106, 115, 131; Searches and Seizures
~471
PLAM. See price-level-adjusted mortgage under MORT
GAGE.
plan, n. 1. BANKRUPTCY PLAN. 2. EMPLOYEE BENEFIT
PLAN.
planned obsolescence. See OBSOLESCENCE.
planned-unit development. A land area zoned for a sin
gle-community subdivision with flexible restrictions
on residential, commercial, and public uses. Abbr.
PUD. Cf. RESIDENTIAL CLUSTER. [Cases: Zoning and
Planning
"A PUD is primarily an alternative to traditional zoning since
it provides a mixing of uses. The location and identification
of the permitted uses are provided on the PUD map or
plat, which closely resembles a subdivision plat. Develop
ment approval is generally granted for the PUD at one time
rather than on a lot by lot basis and in that way closely
tracks the subdivision approval process." Julian Conrad
Juergensmeyer & Thomas E. Roberts, Land Use Planning
and Development Regulation Law  7.15, at 288 (2003).
planning board. A local government body responsible
for approving or rejecting proposed building projects.
-In most jurisdictions, the planning board's deci
sions are subject to the review of the city council.
Also termed planning commission. [Cases: Zoning and
Planning <8::::>351.J
plan ofarrangement. Bankruptcy. An insolvent debtor's
written proposal for partially or completely settling
outstanding debts. [Cases: Bankruptcy ~3661.101.]
plan of rehabilitation. See BANKRUPTCY PLAN.
plan of reorganization. See BANKRUPTCY PLAN.
plan-of-the-convention doctrine. The principle that
each U.S. state, by ratifying the U.S. Constitution, has
consented to the possibility of being sued by each of
the other states, and has no immunity from such a suit under the 11th Amendment. [Cases: Federal Courts
plant patent. See PATENT (3).
Plant Patent Act. Patents. The 1930 federal law that
extended patent protection for developing "any distinct
and new" varieties of asexually reproducing plants.
Before passage of the Act, plant patents were rejected
because the subject matter was considered naturally
occurring and therefore unpatentable. 35 DSCA
 161-164. -Abbr. PPA. [Cases: Patents
plant-patent claim. See PATENT CLAIM.
Plant Variety Protection Act. Patents. The 1970 federal
law that extended patent-like protection for developing
new and distinct varieties ofseed-producing plants. _ A
Certificate ofPlant Variety Protection gives the


protection for developing
new and distinct varieties ofseed-producing plants. _ A
Certificate ofPlant Variety Protection gives the holder
exclusive rights to sell, reproduce, and develop further
hybrids from the plant. 7 USCA  2321-2582. Abbr.
PVPA. [Cases: Patents~14.]
plat. (15c) I. A small piece ofland; PLOT (1). 2. A map
describing a piece of land and its features, such as
boundaries, lots, roads, and easements. [Cases: Zoning
and Planning ~245.1
platform. A statement of principles and policies adopted
by a political party as the basis ofthe party's appeal for
public support. [Cases: Elections ~121(1).]
platform committee. See COMMITTEE.
plat map. (1941) A document that gives the legal descrip
tions ofpieces ofland by lot, street, and block number.
- A plat map is usu. drawn after the property has been
described by some other means, such as a government
survey. Once a plat map is prepared, property descrip
tions are defined by referring to the map. Plat maps are
llSll. recorded by a government agency.
plea, n. (13c) 1. An accused person's formal response
of "guilty," "not guilty," or "no contest" to a criminal
charge. Also termed criminal plea. [Cases: Criminal
Law ~267-275.1
Alford plea. See ALFORD PLEA.
blind plea. (1972) A guilty plea made without the
promise of a concession from either the judge or the
prosecutor. Cf. negotiated plea.
conditional plea. A plea of guilty or nolo contendere
entered with the court's approval and the govern
ment's consent, the defendant reserving the right to
appeal any adverse determinations on one or more
pretrial motions. -Ifan appeal is successful, the plea
is withdrawn and a new one entered. Fed. R. Crim. P.
1l(a)(2). [Cases: Criminal Law 275.3.J
guilty plea. (1942) An accused person's formal admis
sion in court of having committed the charged
offense. - A guilty plea must be made voluntarily
and only after the accused has been informed ofand
understands his or her rights. It ordinarily has the
same effect as a guilty verdict and conviction after a
trial on the merits. A guilty plea is usu. ofa plea
bargain. [Cases: Criminal Law

1269
insanity plea. See INSANITY DEFENSE.
negotiated plea. (1956) The plea agreed to by a criminal
defendant and the prosecutor in a plea bargain. See
PLEA BARGAIN. Cf. blind plea. [Cases: Criminal Law
~273.l(2).]
no-contest plea. See NO CONTEST.
nolo plea. A plea by which the defendant does not
contest or admit guilt. See Fed. R. Crim. P. l1(b); NOLO
CONTENDERE. [Cases: Criminal LawC~275.]
not-guilty plea. (1912) An accused person's formal
denial in court of having committed the charged
offense. _ The prosecution must then prove all
elements of the charged offense beyond a reason
able doubt ifthe defendant is to be convicted. [Cases:
Criminal Law C-::J299.)
provident plea. Military law. A plea that is entered
knowingly, intelligently, and consciously, and is
legally and factually consistent and accurate. [Cases:
Military Justice e:-~986.)
2. At common law, the defendant's responsive pleading
in a civil action. Cf. DECLARATION (7). [Cases: Pleading
~76-100, 101-11l.]3. A factual allegation offered in
a case; a pleading. See DEM1JRRER.
affirmative plea. See pure plea.
anomalous plea. (1851) An equitable plea in which a
party states new facts and negates some of the oppo
nent's stated facts. _ Partly confession and avoidance
and partly traverse, the plea is appropriate when the
plaintiff, in the bill, has anticipated the plea, and the
defendant then traverses the anticipatory matters.
Also termed plea not pure. Cf. pure plea.
common plea. (17c) 1. A common-law plea in a civil
action as opposed to a criminal prosecution. -Also
termed common cause; cornman suit. 2. Hist. A plea
made by a commoner.
"By 'common pleas' Magna Carta meant no more than
ordinary pleas between commoners." Alan Harding, A
Social History ofEnglish Law 51 (1966).
dilatory plea (dil-J-tor-ee). (16c) A plea that does not
challenge the merits of a case but that seeks to delay
or defeat the action on procedural grounds. [Cases:
Pleading ~101-111.49.)
"Dilatory pleas are those which do not answer the general
right of the plaintiff, either by denial or in confession
and avoidance, but assert matter tending to defeat the
particular action by resisting the plaintiff's present right
of recovery. They may be divided into two main classes:
(1) Pleas to the jurisdiction and venue. (2) Pleas in abate
ment. A minor class, sometimes recognized, is pleas in
suspension of the action." Benjamin J. Shipman, Handbook
of Common-Law Pleading  220, at 382 (Henry Winthrop
Ballantine ed., 3d ed. 1923).
double plea. (16c) A plea consisting in two or more
distinct grounds ofcomplaint or defense for the same
issue. Cf. alternative pleading under PLEADING (2);
DUPLICITY (2).
general plea. See general denial under DE~IAL. plea
issuable plea. (17c) A plea on the merits presenting a
cognizable complaint to the court. Cf. issuable defense
under DEFENSE (1).
jurisdictional plea. (1900) A plea asserting that the
court lacks jurisdiction either over the defendant or
over the subject matter of the case. Also termed
plea to the jurisdiction. [Cases: Pleading ~J104.]
negative plea. (16c) A plea that traverses some material
fact or facts stated in the bill. Also termed plea to
the action.
nonissuable plea. (1841) A plea on which a court ruling
will not decide the case on the merits, such as a plea
in abatement.
peremptory plea. (18c) A plea that responds to the
merits of the plaintiffs claim.
plea in abatement. (17c) A plea that objects to the place,
time, or method ofasserting the plaintiff's claim but
does not dispute the claim's merits. - A defendant
who successfully asserts a plea in abatement leaves the
claim open for continuation in the current action or
reassertion in a later action if the defect is cured.
Also termed abater. [Cases: Federal Civil Procedure
~740; Pleading ~106.)
plea in bar. See PLEA IN BAR.
plea in confession and avoidance. See CONFESSION
AND AVOIDANCE.
plea in discharge. (18c) A plea that the defendant has
preViously satisfied and discharged the plaintiff's
claim.
plea in equity. (17c) A special defense relying on one
or more reasons why the suit should be dismissed,
delayed, or barred. -The various kinds are (1) pleas
to the jurisdiction, (2) pleas to the person, (3) pleas
to the form ofthe bill, and (4) pleas in bar of the bill.
Pleas in equity generally fall into two classes: pure
pleas and anomalous pleas.
plea in estoppel. (1831) Common-law pleading. A plea
that neither confesses nor avoids but rather pleads a
previous inconsistent act, allegation, or denial on the
part of the adverse party to preclude that party from
maintaining an action or defense.
plea in reconvention. Civil law. A plea that sets up a
new matter, not as a defense, but as a cross-complaint,
setoff, or counterclaim. [Cases: Pleading ~143.]
plea in suspension. (1875) A plea that shows some
ground for not proceeding in the suit at the present
time and prays that the proceedings be stayed until
that ground is removed, such as a party's being a
minor or the plaintiffs being an alien enemy. [Cases:
Pleading ~105.)
plea not pure. See anomalous plea.
plea ofconfession and avoidance. See CONFESSION AND
AVOIDANCE.
plea ofprivilege. (17c) A plea that raises an objection to
the venue ofan action. See CHANGE OF VENUE. [Cases:
Venue 69.]

plea bargain 1270
plea ofrelease. (ISc) A plea that admits the claim but
sets forth a written discharge executed by a party
authorized to release the claim. See RELEASE (2).
plea puis darrein continuance (pwis dar-ayn bn-tin
yoo-;mts). [Law French "plea since the last continu
ance"] (ISc) A plea that alleges new defensive matter
that has arisen during a continuance of the case and
that did not exist at the time of the defendant's last
pleading. [Cases: Pleading
plea to further maintenance to the action. Hist. A
defensive plea asserting that events occurring after
the commencement of the action necessitate its dis
missal.  The plea is obsolete because ofthe pleading
requirements in federal and state rules ofcivil pro
cedure.
plea to the action. See negative plea.
plea to the declaration. (lS20) A plea in abatement that
objects to the declaration and applies immediately to
it. -Also termed plea to the count.
plea to the jurisdiction. See jurisdictional plea.
plea to the person ofthe defendant. (1872) A plea in
abatement alleging that the defendant has a legal dis
ability to be sued.
plea to the person of the plaintiff. (1821) A plea in
abatement alleging that the plaintiff has a legal dis
ability to sue.
plea to the writ. (17c) A plea in abatement that objects
to the writ (summons) and applies (1) to the form of
the writ for a matter either apparent on the writ's face
or outside the writ, or (2) to the way in which the writ
was executed or acted on.
pure plea. (18c) An equitable plea that affirmatively
alleges new matters that are outside the bill.  If
proved, the effect is to end the controversy by dis
missing, delaying, or barring the suit. A pure plea
must track the allegations of the bill, not evade it or
mistake its purpose. Originally, this was the only plea
known in equity. Also termed affirmative plea. Cf.
anomalous plea.
rolled-up plea. (1929) Defamation. A defendant's plea
claiming that the statements complained of are factual
and that, to the extent that they consist ofcomment,
they are fair comment on a matter ofpublic interest.
See FAIR COMMENT. [Cases: Libel and Slander
4S(1), 93, 94.]
special plea. (l6c) A plea alleging one or more new facts
rather than merely disputing the legal grounds of the
action or charge. _ All pleas other than general issues
are special pleas. See general issue under ISSUE (1).
plea bargain, n. (1963) A negotiated agreement between
a prosecutor and a criminal defendant whereby the
defendant pleads guilty to a lesser offense or to one of
multiple charges in exchange for some concession by the
prosecutor, usu. a more lenient sentence or a dismissal
of the other charges. Also termed plea agreement;
negotiated plea; sentence bargain. [Cases: Criminal Law C;;>273.1(2).] plea-bargain, vb. -plea-bargaining,
n.
charge bargain. (IS90) A plea bargain in which a pros
ecutor agrees to drop some ofthe counts or reduce
the charge to a less serious offense in exchange for a
plea ofeither guilty or no contest from the defendant.
[Cases: Criminal Law (:::::-273.1(2), 275.4(2).]
sentence bargain. (1973) A plea bargain in which a
prosecutor agrees to recommend a lighter sentence in
exchange for a plea ofeither guilty or no contest from
the defendant. [Cases: Criminal Law (:::::-273.1(2),
275.4(2).]
plead, vb. (l3c) 1. To make a specific plea, esp. in response
to a criminal charge <he pleaded not guilty>. [Cases:
Criminal Law (:::::-267-301.] 2. To assert or allege in a
pleading <fraud claims must be pleaded with particu
larity>. [Cases: Federal Civil Procedure C-::621, 636;
Pleading (;::J 1, IS.] 3. To file or deliver a pleading <the
plaintiff hasn't pleaded yet>.
pleader. (l3c) 1. A party who asserts a particular
pleading. 2. A person who pleads in court on behalf
of another. 3. Hist. At common law, a person who
(though not an attorney) specialized in preparing
pleadings for others. -Also termed special pleader.
4. Hist. NARRATOR.
pleading, n. (I6c) 1. A formal document in which a party
to a legal proceeding (esp. a civil lawsuit) sets forth or
responds to allegations, claims, denials, or defenses.
 In federal civil procedure, the main pleadings are
the plaintiff's complaint


, denials, or defenses.
 In federal civil procedure, the main pleadings are
the plaintiff's complaint and the defendant's answer.
[Cases: Federal Civil Procedure (:::::-621; Pleading
1.]
accusatory pleading. (190S) An indictment, informa
tion, or complaint by which the government begins a
criminal prosecution.
amended pleading. (1809) A pleading that replaces an
earlier pleading and that contains matters omitted
from or not known at the time ofthe earlier pleading.
Cf. supplemental pleading. [Cases: Federal Civil Pro
cedure (;::J821-852.1; Pleading (;::J229-271.]
"An amendment is the correction of an error or the supply
ing of an omission in the process or pleadings. An amended
pleading differs from a supplemental pleading in that the
true function of the latter is to spread upon the record
matter material to the issue which has arisen subsequent to
the filing of a pleading, while matter of amendment purely
is matter that might well have been pleaded at the time
the pleading sought to be amended was filed, but which
through error or inadvertence was omitted or misstated.
It has been declared that the allowance of amendments is
incidental to the exercise of all judicial power and is indis
pensable to the ends of justice." Eugene A. Jones, Manual
of Equity Pleading and Practice 68 (1916).
anomalous pleading. (1845) A pleading that is partly
affirmative and partly negative in its allegations.
argumentative pleading. A pleading that states allega
tions rather than facts, and thus forces the court to
infer or hunt for supporting facts . Conclusory state
ments in court papers are a form of argumentative

1271
pleading. -Also termed inferential pleading. [Cases:
Federal Civil Procedure (~J641; Pleading C:;,8, 17.]
articulated pleading. (1953) A pleading that states
each allegation in a separately numbered paragraph.
[Cases: Pleadi ng <~52.J
defective pleading. (l7c) A pleading that fails to meet
minimum standards of sufficiency or accuracy in
form or substance.
hypothetical pleading. A pleading asserting that if a
certain fact is true, then a certain result must follow.
 Hypothetical pleadings are generally improper.
[Cases: Federal Civil Procedure ~~675.1.]
inferential pleading. See argumentative pleading.
pleading to the merits. A responsive pleading that
addresses the plaintiff's cause of action, in whole or
in part.
responsive pleading. (1833) A pleading that replies to
an opponent's earlier pleading. See ANSWER. [Cases:
Pleading (;=76.J
sham pleading. (1825) An obviously frivolous or absurd
pleading that is made only for purposes ofvexation or
delay. Also termed sham plea:false plea; (archai
cally) deceitful plea. [Cases: Federal Civil Procedure
C-~1139; Pleading (;=359, 362(3).]
shotgun pleading. (1964) A pleading that encompasses
a wide range ofcontentions, usu. supported by vague
factual allegations.
supplemental pleading. (1841) A pleading that either
corrects a defect in an earlier pleading or addresses
facts arising since the earlier pleading was filed.
 Unlike an amended pleading, a supplemental
pleading merely adds to the earlier pleading and does
not replace it. Cf. amended pleading. [Cases: Federal
Civil Procedure Cc::>861-871; Pleading (;=273.]
2. A system of defining and narrowing the issues in
a lawsuit whereby the parties file formal documents
alleging their respective positions.
alternative pleading. (1868) A form of pleading
whereby the pleader alleges two or more independent
claims or defenses that are not necessarily consistent
with each other, such as alleging both intentional
infliction of emotional distress and negligent inflic
tion ofemotional distress based on the same conduct.
Fed. R. Civ. P. 8(e)(2). -Also termed pleading in the
alternative. Cf. DUPLICITY (2); double plea under PLEA
(3). [Cases: Federal Civil ProcedureCc::>675; Pleading
(~='20, 50-53, 89.]
artful pleading. (1950) A plaintiff's disguised phrasing
of a federal claim as solely a state-law claim in order
to prevent a defendant from removing the case from
state court to federal court. [Cases: Removal ofCases
~;)25(l).J
code pleading. (1860) A procedural system requiring
that the pleader allege merely the facts of the case
giving rise to the claim or defense, not the legal con
clusions necessary to sustain the claim or establish plead over
the defense. -Also termed fact pleading. Cf. issue
pleading. [Cases: Pleading (:::;:;8,9,48.]
common-law pleading. The system ofpleading histori
cally used in the three common-law courts ofEngland
(the King's Bench, the Common Pleas, and the Exche
quer) up to 1873.
equity pleading. (18c) The system of pleading used in
courts ofequity. _ In most jurisdictions, rules unique
to equity practice have been largely supplanted by one
set ofrules ofcourt, esp. where law courts and equity
courts have merged. [Cases: Equity C:-::0128-335.]
fact pleading. See code pleading.
issue pleading. (1916) The common-law method of
pleading, the main purpose of which was to frame
an issue. Cf. code pleading. [Cases: Pleading ~1,
16,48.)
notice pleading. (1918) A procedural system requiring
that the pleader give only a short and plain statement
of the claim shOWing that the pleader is entitled to
relief, and not a complete detailing of all the facts.
Fed. R. Civ. P. 8(a). [Cases: Federal Civil Procedure
~:'673; Pleading (';216,48.)
pleading in the alternative. See alternative pleading.
special pleading. See SPECIAL PLEADING.
3. The legal rules regulating the statement of the
plaintiff's claims and the defendant's defenses <today,
pleading is a much simpler subject than it was in former
years>.
pleading the baby act. See BABY ACT, PLEADING THE.
pleading the Fifth. (1953) The act or an instance of
asserting one's right against self-incrimination under
the Fifth Amendment. -Also termed taking the Fifth.
See RIGHT AGAINST SELF-INCRIMINATION. [Cases: ''''it
nesses (;=297.]
plead (one's) belly. Hist. Slang. (Of a female defendant) to
claim pregnancy as a defense, usu. to postpone or avoid
a court's sentence of capital punishment or transporta
tion. A woman who pleaded that she was pregnant
was treated with suspicion. The judge would appoint
a jury of matrons (often consisting of 12 married
mothers) to examine the claimant (under the writ de
ventre inspiciendo). If the woman was declared to be
"quick with child" (in an advanced state of pregnancy
rather than "barely with child" or only newly or just
pOSSibly pregnant), she enjoyed a reprieve from execu
tion or transportation until after the child's birth (or
miscarriage). Because juries ofmatrons often declared
barren defendants to be pregnant, a court would keep
track of a reprieved woman to see ifthe delay was jus
tified or if she should be made to suffer the sentence
("called down") at the next session. Although the plea
and the special jury are no longer in use, the prohibi
tion against executing a pregnant woman persists in
modern law. 18 USCA  3596(b).
plead over, vb. (17c) 1. To fail to notice a defective alle
gation in an opponent's pleading before responding to
the pleading. [Cases: Pleading (;=406(3),409(3).) 2.

Hist. To plead the general issue after a defendant has
had a dilatory plea overruled. See AIDER BY PLEADING
OVER.
plead the Fifth. See TAKE THE FIFTH.
plea in abatement. See PLEA (3).
plea in avoidance. See affirmative defense under DEFENSE
(1).
plea in bar. (17c) A plea that seeks to defeat the plaintiff's
or prosecutor's action completely and permanently.
general plea in bar. (18c) A criminal defendant's plea
ofnot guilty by which the defendant denies every fact
and circumstance necessary to be convicted of the
crime charged. [Cases: Criminal Law ~299.]
special plea in bar. (l7c) A plea that, rather than
addressing the merits and denying the facts alleged,
sets up some extrinsic fact showing why a criminal
defendant cannot be tried for the offense charged .
Examples include the plea ofautrefois acquit and the
plea ofpardon. [Cases: Criminal Law ~286.]
plea in confession and avoidance. See CONFESSION AND
AVOIDANCE.
plea in discharge. See PLEA (3).
plea in equity. See PLEA (3).
plea in estoppel. See PLEA (3).
plea in justification. See affirmative defense under
DEFENSE (1).
plea in reconvention. See PLEA (3).
plea in suspension. See PLEA (3).
plea not pure. See anomalous plea under PLEA (3).
plea ofconfession and avoidance. See CONFESSION AND
AVOIDANCE.
plea of pregnancy. Hist. A plea of a woman convicted
of a capital crime to stay her execution until she gives
birth. See PLEAD (ONE'S) BELLY.
plea ofprivilege. See PLEA (3).
plea ofrelease. See PLEA (3).
plea of sanctuary. See DECLINATORY PLEA.
plea oftender. (l8c) At common law, a pleading assert
ing that the defendant has consistently been willing to
pay the debt demanded, has offered it to the plaintiff,
and has brought the money into court ready to pay the
plaintiff. See TENDER.
plea puis darrein continuance. See PLEA (3).
pleasure appointment. See APPOINTMENT (1).
plea to further maintenance to the action. See PLEA
(3).
plea to the action. See negative plea under PLEA (3).
plea to the count. See plea to the declaration under PLEA
(3).
plea to the declaration. See PLEA (3).
plea to the jurisdiction. See jurisdictional plea under
PLEA (3). plea to the person ofthe defendant. See PLEA (3).
plea to the person ofthe plaintiff. See PLEA (3).
plea to the writ. See PLEA (3).
plebeian (pli-bee-;m), n. Roman law. A member of the
Roman plebs; an ordinary citizen, not a member ofthe
upper class (patricians).
plebiscite (pleb-;J-sIt or pleb-;J-sit), n. (1860) 1. A binding
or nonbinding referendum on a proposed law, consti
tutional amendment, or significant public issue. Cf.
REFERENDUM; INITIATIVE. 2. Int'llaw. A direct vote
of a country's electorate to decide a question ofpublic
importance, such as union with another country or a
proposed change to the constitution. -plebiscitary
(pl;J-bi-s;J-ter-ee), adj.
plebiscitum (pleb-;J-SI-t;Jm), n. [Latin] Roman law. An
enactment passed at the request of a tribune by the
assembly ofthe common people (the concilium plebis).
See CONCILIUM PLEBIS. PI. plebiscita.
plebs (plebz), n. [Latin] Roman law. The common people
in ancient Rome; the general body ofcitizens, excluding
the patricians. PI. plebes (plee-beez).
pledge, n. (14c) 1. A formal promise or undertaking. Cf.
OATH. 2. The act of providing something as security
for a debt or obligation. [Cases: Pledges ~1.] 3. A
bailment or other deposit of personal property to a
creditor as security for a debt or obligation; PAWN (2).
See contract to pledge under CONTRACT. Cf. LIEN (1). 4.
The item of personal property so deposited; PAWN (1).
5. The thing so provided. -Formerly also termed safe
pledge. 6. A security interest in personal property rep
resented by an indispensable instrument, the interest
being created by a bailment or other deposit ofpersonal
property for the purpose of securing the payment of a
debt or the performance of some other duty. 7. Hist.
A person who acts as a surety for the prosecution of a
lawsuit . In early practice, pledges were listed at the
end ofthe declaration. Over time the listing ofpledges
became a formality, and fictitious names (such as "John
Doe" or "Richard Roe") were allowed. -pledge, vb.
pledgeable, adj.
"A pledge is something more than a mere lien and some
thing less than a mortgage." Leonard A. Jones, A Treatise
on the Law of Collateral Securities and Pledges  2, at 4
(Edward M. White rev., 3d ed. 1912).
"A pledge is a bailment of personal property to secure an
obligation of the bailor. If the purpose of the transaction
is to transfer property for security only, then the courts
will hold the transaction a pledge, even though in form it
may be a sale or other out-


for security only, then the courts
will hold the transaction a pledge, even though in form it
may be a sale or other out-and-out transfer." Ray Andrews
Brown, The Law of Personal Property  128, at 622 (2d
ed. 1936).
"The pledge is as old as recorded history and is still in use,
as the presence of pawnbrokers attests. In this transaction
the debtor borrows money by physically transferring to a
secured party the possession of the property to be used
as security, and the property will be returned if the debt is
repaid. Since the debtor does not retain the use of pledged
goods, this security device has obvious disadvantages
from the debtor's point of view." Ray D. Henson, Secured
Transactions  3-1, at 17 (3d ed. 1983).
pledged account. See ACCOUNT.

1273
pledgee. One with whom a pledge is deposited. [Cases:
Pledges
pledgery. Archaic. See SURETYSHIP (1).
pledgor. One who gives a pledge to another. -Also
spelled pledger. [Cases: Pledges C=>8.]
plegiis acquietandis. See DE PLEGIIS ACQUIETANDIS.
plena aetas (plee-n<l ee-tas). [Latin] Full age. See AGE
OF MAJORITY.
plena forisfactura (plee-n::1 for-is-fak-ch::1r-<l). [Latin
"complete forfeiture"] A forfeiture ofall that one pos
sesses. [Cases: Forfeitures C=> 1.]
plena probatio. See probatio plena under PROBATIO.
plenarty (plee-n<lr-tee or plen-<lr-tee), n. Hist. The condi
tion of being full or occupied; esp., the state of a benefice
that is lawfully occupied by an incumbent.
plenary (plee-n::1-ree or plen-<l-ree), adj. (ISc) 1. Full;
complete; entire <plenary authority>. 2. (Of an
assembly) intended to have the attendance of all
members or participants <plenary session>.
plenary action. See ACTION (4).
plenary confession. See CONFESSION.
plenary guardianship. See GUARDIA!IISHIP.
plenaryjurisdiction. See JURISDICTION.
plenary power. See POWER (3).
plenary review. See JU'DICIAL REVIEW.
plenary session. See SESSION (1).
plenary suit. See SUIT.
plene (plee-nee), adv. [Latin] Fully; completely; suffi
ciently.
plene administravit (plee-nee ad-min-::1-stray-vit). [Law
Latin "he has fully administered"] Hist. A defensive
plea in which an executor or administrator asserts that
no assets remain in the estate to satisfy the plaintiffs
demand.
plene administravit praeter (plee-nee ad-min-d-stray
vit pree-t<lr). [Law Latin "he has fully administered,
except"] Hist. A defensive plea in which an executor
or administrator asserts that no assets remain in the
estate, except a stated few that are insufficient to satisfy
the plaintiff's demand.
plene computavit (plee-nee kom-pyoo-tay-vit). [Law
Latin "he has fully accounted"] Hist. A plea in an action
ofaccount render, alleging that the defendant has fully
accounted. See ACCOUNTING (3).
plenipotentiary (plen-::1-p::1-ten-shee-er-ee). A person
who has full power to do a thing; a person fully com
missioned to act for another. See minister plenipoten
tiary under MINISTER.
pleno jure (plee-noh joor-ee). [Latin] Hist. With full
right. The phrase usu. referred to a conveyance of
the full rights to property.
plenum dominium. See dominium plenum under
DOMINIUM. plus factor
plevin (plev-in), n. Archaic. An assurance or warrant;
a pledge.
Plimsoll marks. See LOAD LINE (2).
PLL. abbr. See product-liability loss under LOSS.
plot, n. (bef. 12c) 1. A measured piece ofland; LOT (1).
Cf. PLAT (1). 2. A plan forming the basis of a conspiracy.
[Cases: Conspiracy 1.1,24(1).]
plot plan. (1925) A plan that shows a proposed or present
use of a plot of land, esp. of a residential area. [Cases:
Zoning and Planning C=>24S.]
plottage. (1916) The increase in value achieved by com
bining small, undeveloped tracts ofland into larger
tracts.
plow back, vb. To reinvest earnings and profits into a
business instead of paying them out as dividends or
withdrawals. [Cases: Corporations C-'-;) 152.]
plowbote. See BOTE (1).
plowland. See CARUCATE.
plowman's fee. See FEE (2).
PLR. abbr. PUBLIC-LENDING RIGHT.
pltf. abbr. PLAINTIFF.
plunder. See PILLAGE.
plunderage. Maritime law. The embezzling of goods on
a ship.
plurality. (1803) The greatest number (esp. of votes),
regardless of whether it is a simple or an absolute
majority <a four-member plurality of the Supreme
Court agreed with this view, which received more votes
than any other>. Also termed plural majority. Cf.
MAJORITY (2).
plurality opinion. See OPINION (1).
plurality vote. See PLURALITY.
. plurality voting. 1. See PLURALITY. 2. See VOTING. I
plural majority. See PLURALITY.
plural marriage. 1. See MARRIAGE (1). 2. See POLYGAMY. ,
. plural wife. See WIFE.
pluries (pluur-ee-eez), n. [Latin "many times"] (lSc) A
third or subsequent writ issued when the previous writs
have been ineffective; a writ issued after an alias writ.
Also termed pluries writ. [Cases: Process C::>4S.]
plurinational administrative institution. lnt'llaw. An
entity deSigned to perform transnational administra
tive activities when politically oriented international
organizations and traditional international agreements
are unsuitable . These institutions usu. arise in fields
where transnational arrangements are necessary (such
as natural-resource management, transportation, or
utilities), and they are often organized as international
corporations, national agencies, or private corpora
tions.
plurium defense. See MULTIPLE ACCESS.
plus factor. A fact that supports finding that a specified
legal test has been satisfied.

1274 plus petere tempore
plus petere tempore (plds pd-ten-dI tem-pd-ree). [Latin
"to overclaim in point of time"] Roman law. To claim
before payment was due.
plus petitio (plds-p;:>-tish-ee-oh). [Latin "overclaim" or
"claiming too much"] Roman law. A claim for more
than is due; esp., the mistake ofclaiming more in one's
pleadings than is due . This was fatal to the action
under classical law. Under cognitio extraordinaria,
however, a claimant could continue the action, but
could be liable for treble damages to any person injured
by the overstated claim. Also spelled (erroneously)
pluspetitio. Also termed pluris petitio.
"A plaintiff may overclaim ... in substance (re) when he
claims a bigger amount than is due to him; in time (tempore)
when he claims before the payment is due; in place (loco),
when he claims at a place (in a city) other than that where
the payment had to be performed ... or in cause (causa)
when he claims a certain thing although the debtor had
the right to choose between two or more things. .. After
the abolition of the formula regime the pluspetitio lost its
actuality. Imperial legislation modified the severe provi
sions against overciaims.. In Justinian's law the plaintiff
lost the case only if he maliciously persisted during the
whole trial in his overclaim." Adolf Berger, Encye/opedic
Dictionary ofRoman Law 633 (1953).
plus quam tolerabile (plds kwam tol-d-rab-d-lee). [Latin]
Hist. More than can be endured . The phrase appeared
in reference to damage to crops from unavoidable
causes (vis major).
p.m. abbr. POST MERIDIEM.
PM. abbr. 1. POSTMASTER. 2. PRIME MINISTER. 3. BUREAU
OF POLITICAL-MILITARY AFFAIRS.
PMI. abbr. Private mortgage insurance. See mortgage
insurance under INSURANCE.
PMM. See purchase-money mortgage under
MORTGAGE.
PMRT. See purchase-money resulting trust under
TRUST.
PMSI. See purchase-money security interest under
SECURITY INTEREST.
pneumoconiosis. Chronic lung disease and related COI1
ditions characterized by respiratory and pulmonary
impairments and caused or aggravated by coal-dust
exposure during coal-mine employment . The disease
is usu. latent and often does not manifest until after
coal-dust exposure has ended. 20 CFR  718.201.
Also termed black-lung disease. [Cases: Labor and
Employment ~-:>2680, 2689.]
clinical pneumoconiosis. Any medically recognized
condition caused by coal-dust exposure while
working in a coal mine and characterized by large,
permanent deposits ofparticulate matter in the lungs,
coupled with the lung tissue's fibrotic reaction .
Some examples ofclinical pneumoconioses are silico
sis or silicotuberculosis, massive pulmonary fibrosis,
and anthrosilicosis. Cf.legal pneumoconiosis. [Cases:
Labor and Employment C=.)2680, 2689.]
legal pneumoconiosis. Any chronic restrictive or
obstructive pulmonary disease or impairment and related conditions arising out of coal-mine employ
ment. Cf. clinical pneumoconiosis. [Cases: Labor and
Employment C=>2680, 2689.]
P.O. abbr. 1. Post office. 2. PURCHASE ORDER.
poaching, n. The illegal taking or killing offish or
on another's land. [Cases: Fish 13(1); Game
7.] -poach, vb.
pocket immunity. See IMMUNITY (3).
pocket judgment. Hist. See STATUTE MERCHANT (1).
pocket money. See HAT MONEY.
pocket part. (1931) A supplemental pamphlet inserted
usu. into the back inside cover of a lawbook, esp. a
treatise or code, to update the material in the main text
until the publisher issues a new edition of the entire
work. Legal publishers frequently leave a little extra
room inside their hardcover books so that pocket parts
may later be added. Also termed cumulative supple
ment.
pocket veto. See VETO.
P.O.D. abbr. Pay on delivery.
POD account. See pay-an-death account under
ACCOUNT.
poena (pee-nd). [Latin] (1859) Punishment; penalty.
poena arbitraria (pee-nd ahr-bi-trair-ee-J). [Law Latin]
Hist. Arbitrary punishment; punishment left to a
judge's discretion.
poena corporalis (pee-nd kor-p;:>-ray-lis). [Latin] Hist.
Corporal punishment.
poena ordinaria (pee-nJ or-di-nair-ee-d). [Law Latin]
Hist. Ordinary punishment; punishment fixed by law.
poena pecuniary. A fine.
poenae secundarum nuptiarum (pee-nee sek-dn
dair-dm ndp-shee-air-dm). [Latin "penalties ofsecond
marriages"] Roman law. Disabilities that, for the pro
tection ofchildren ofa first marriage, are imposed on
a parent who remarries.
"If either parent re-married, the interests of the children
of the first marriage were protected (in the later Roman
Empire) by a number of legal rules the effect of which was
to confer certain benefits on the children and to impose
certain disabilities the socalled poenae secundarum
nuptiarum on the parens binubus. The most important
of these rules was that which declared that all the property
which the parens binubus had acquired gratuitously from
his or her deceased spouse, whether by way of gift, dos,
donatio propter nuptias, or testamentary disposition
the socalled lucra nuptialia should become ipso jure
the property of the children of the first marriage at the
moment of the conclusion of the second marriage, and that
onlya usufruct should be reserved for the parens binubus."
Rudolph Sohm, The Institutes; A Textbook ofthe History and
System of Roman Private Law 477 Uames Crawford Ledlie
trans., 3d ed. 1907).
poena lis (pi-nay-lis), adj. [Latin] Roman law. Imposing
a penalty; penal.
poena pilloralis (pee-nd pil-d-ray-lis). (Latin] Hist. Pun
ishment of the pillory.

1275 Polaroid test
poenitentia (pee-nd-ten-shee-d or pen-d), n. [Latin
"repentance"] Roman law. Reconsideration; changing
one's mind.
poinding (pin-ding), n. Scots law. A judgment credi
tor's seizing of a debtor's corporeal movable property
to satisfy the debt. -poind, vb.
point, n. (l3c) 1. A pertinent and distinct legal propo
sition, issue, or argument <point


point, n. (l3c) 1. A pertinent and distinct legal propo
sition, issue, or argument <point of error>. 2. Parlia
mentary law. Any of several kinds of requests made in
a deliberative body. See REQUEST.
point ofclarification. A question about procedure or
substance.
point ofinformation. An inquiry asking a question
about a motion's merits or effect. - A point of infor
mation can be made only to seek information, not
to volunteer information. It may request an objec
tive fact or an expert opinion, but may not request
anyone -including the chair or the mover -to spec
ulate about how he or she expects or intends that the
present or future leadership will interpret or apply a
motion. See INQUIRY (2). Also termed question of
information.
point oforder. A request suggesting that the meeting
or a member is not following the applicable rules
and asking the chair enforce the rules. _ Some orga
nizations use the term "point of order" as a generic
term that also includes a parliamentary inquiry and
a question of privilege. -Also termed question of
order. See parliamentary inquiry under INQUIRY;
question ofprivilege under QUESTION (3).
point ofprivilege. A motion that raises a question of
privilege. See question ofprivilege under QUESTION
(3); RAISE A QUESTIO:-< OF PRIVILEGE.
procedural point. A request that raises a personal privi
lege relating to a member's ability to participate effec
tively in the meeting, such as the member's ability
to see or hear the proceedings. See personal privilege
under PRIVILEGE (5).
3. One percent of the face value of a loan (esp. a
mortgage loan), paid up front to the lender as a service
charge or placement fee <the borrower hoped for only
a two-point fee on the mortgage>. -Also termed
mortgage point. See MORTGAGE DISCOUNT. 4. A unit
used for quoting stock, bond, or commodity prices <the
stock closed up a few points today>. 5. A payment to
secure a loan, stated as a percentage of the loan's face
amount.
point-and-dickagreement. (2000) An electronic version
of a shrink-wrap license in which a computer user
agrees to the terms of an electronically displayed agree
ment by pointing the cursor to a particular location on
the screen and then clicking. _ Point-and-click agree
ments usu. require express acceptance only once but
may include a clause providing for a user's ongoing
acceptance of any changes to the agreement's terms,
whether or not the user is notified of the changes. See
shrink-wrap license under LICENSE. Also termed
e-contract; click-wrap license; click-wrap agreement; user agreement; website-user agreement; web-wrap
agreement. Cf. E-CONTRACT. [Cases: Copyrights and
Intellectual Property (;:::;: 107.J
point of attachment. Copyright. A connection with a
copyright-convention member nation sufficient to make
a work eligible for protection under that convention. _
For example, a work is eligible for Berne Convention
protection ifthe author is a citizen of a Berne member
nation or if the work originated in a Berne member
nation. Also termed cormectingfactor. [Cases: Copy
rights and Intellectual Property <::;:> 34.J
point oferror. (18c) An alleged mistake by a lower court
asserted as a ground for appeal. See ERROR (2); WRIT OF
ERROR. [Cases: Appeal and Error (;:::;:758.3; Criminal
Law (;:::> 1130(2).J
point of fact. A discrete factual proposition at issue in
a case.
point oflaw. (16c) A discrete legal proposition at issue
in a case.
reserved point oflaw. (1821) An important or difficult
point oflaw that arises during trial but that the judge
sets aside for future argument or decision so that tes
timony can continue. -Also termed point reserved.
point reserved. See reserved point o.flaw under POI~T
OF LAW.
points-and-authorities brief. See brief on the merits
under BRIEF (1).
point source. Environmental law. The discernible and
identifiable source from which pollutants are dis
charged. [Cases: Environmental Law (;:::;: 175.J
point system. (1955) Criminal law. A system that assigns
incremental units to traffic violations, the accumula
tion of a certain number within a year resulting in the
automatic suspension of a person's driving privileges.
[Cases: Automobiles 144.1(3).]
poisonous-tree doctrine. See FRUIT-OF-THE-POISON
OUS-TREE DOCTRINE.
poison pill. A corporation's defense against an unwanted
takeover bid whereby shareholders are granted the
right to acquire equity or debt securities at a favor
able price to increase the bidder's acquisition costs.
Often shortened to pill. See TAKEOVER DEFENSE; SHARK
REPELLANT. Cf. PORCUPINE PROVISION. [Cases: Corpo
rations (;:::;:310(1).]
"Another recent tactic is the 'poison pill' which is a condi
tional stock right that is triggered by a hostile takeover and
makes the takeover prohibitively expensive. The poison pill
is a variation of the scorched earth defense ...." Thomas
Lee Hazen, The Law of Securities Regulation  11.20, at
575 (2d ed. 1990).
Polaroid test. Trademarks. A judicial test for trademark
infringement, analyzing eight factors: (1) strength ofthe
mark, (2) similarity between the marks, (3) proximity
of the products' markets, (4) effects on market expan
sion (ability to "bridge the gap"), (5) actual confusion,
(6) the defendant's good or bad faith, (7) quality of the
products, and (8) sophistication of the buyer. Polaroid

1276 police
Corp. v. Polarad Electronics Corp., 287 F.2d 492, 495 (2d
Cir. 1961). [Cases: Trademarks C;;;, 1081.]
police, n. 1. The governmental department charged
with the preservation of public order, the promotion
of public safety, and the prevention and detection of
crime. [Cases: Municipal Corporations 180.] 2.
The officers or members of this department. [Cases:
Municipal Corporations C~184.] -police, vb.
police action. See ARMED CONFLICT.
police-assisted snicide. See suicide-by-cop under
SUICIDE.
police blotter. See ARREST RECORD.
police chief. The head of a police department.
police court. See magistrate's court (1) under COURT.
police jury. Louisiana law. The governing body of a
parish. [Cases: Counties ~38.J
police justice. See police magistrate under MAGIS
TRATE.
police magistrate. See MAGISTRATE.
police officer. A peace officer responsible for preserv
ing public order, promoting public safety, and prevent
ing and detecting crime. Cf. PEACE OFFICER. [Cases:
Municipal Corporations C::> 179.]
police power. (1821) 1. The inherent and plenary power
of a sovereign to make all laws necessary and proper
to preserve the public security, order, health, morality,
and justice. -It is a fundamental power essential to
government, and it cannot be surrendered by the leg
islature or irrevocably transferred away from govern
ment. [Cases: States C::;'21(2).]
"[lIt is possible to evolve at least two main attributes or
characteristics which differentiate the police power: it aims
directly to secure and promote the public welfare, and it
does so by restraint or compulsion." Ernst Freund, The
Police Power  3, at 3 (1904).
2. A state's Tenth Amendment right, subject to due
process and other limitations, to establish and enforce
laws protecting the public's health, safety, and general
welfare, or to delegate this right to local governments.
[Cases: States ~18.13.] 3. Loosely, the power of the
government to intervene in the use ofprivately owned
property, as by subjecting it to eminent domain. See
EMINENT DOMAIN. [Cases: Eminent Domain ~1-5.]
police science. See CRIMINAL JUSTICE (2).
police state. See STATE.
policy. (14c) 1. The general principles by which a govern
ment is guided in its management ofpublic affairs. See
PUBLIC POLICY. 2, A document containing a contract of
insurance; INSURANCE POLICY. [Cases: Insurance
1712,1713.]3. A type oflottery in which bettors select
numbers to bet on and place the bet with a "policy
writer. [Cases: Lotteries C:)3, 20.]
policy court. See COURT.
policyholder. One who owns an insurance policy, regard
less ofwhether that person is the insured party. -Also
termed policyowner. [Cases: Insurance ~1717.] policy limits. See LIABILITY LIMIT.
policy loan. See LOAN.
policy ofinsurance. See INSURANCE POLICY.
policy of the law. See PUBLIC POLICY (1).
policyowner. See POLICYHOLDER.
policy proof of interest. Insurance. Evidence -shown
by possession of a policy -that a person making a
claim has an insurable interest in the loss. -Abbr. PPI.
[Cases: Insurance ~1779-1795.1
policy reserve. See RESERVE.
policy stacking, See STACKING.
policy value. Insurance.lhe amount ofcash available to
a policyholder on the surrender or cancellation of the
insurance policy. [Cases: Insurance ~2037.]
policy year. Insurance. The year beginning on the date
that a policy becomes effective. Cf. ANNIVERSARY
DATE.
political, adj. Pertaining to politics; ofor relating to the
conduct of government.
political-action committee. (1839) An organization
formed by a special-interest group to raise and contrib
ute money to the campaigns of political candidates who
the group believes will promote its interests. -Abbr.
PAC. [Cases: Elections~317.l.J
political assessment. See ASSESSMENT.
political asylum. See ASYLUM (2).
political corporation. See public corporation (2) under
CORPORATION.
political correctness, n. (1979) 1. The inclination to
avoid language and practices that might offend anyone's
political sensibilities, esp. in racial or sexual matters. 2.
An instance in which a person conforms to this inclina
tion. -Abbr. P.e. politically correct, adj.
political corruption. See official misconduct under MIS
CONDUCT.
political crime. See POLITICAL OFFENSE.
political economy. See ECONOMY.
political gerrymandering. See GERRYMANDERING (1).
political law. See POLITICAL SCIENCE.
political liberty. 1. See LIBERTY. 2. See political right
under RIGHT.
Political-Military Affairs Bureau. See BUREAU OF
POLITICAL-MILITARY AFFAIRS.
political offense. (I8c) A crime directed against the
security or government of a nation, such as treason,
sedition, or espionage. -Under principles of interna
tionallaw, the perpetrator ofa political offense cannot
be extradited. Also termed political crime. [Cases:
Extradition and Detainers ~5.]
political party. An organization of voters formed to
influence the government's conduct and policies by
nominating and electing candidates to public office.
The United States has traditionally maintained a two

1277 polygamy
party system, which today comprises the Democratic
and Republican parties. -Often shortened to party.
political patronage. See PATRONAGE (3).
political power. The power vested in a person or body of
persons exercising any function ofthe state; the capacity
to influence the activities of the body politic. -Also
termed civil power.
sovereign political power. Power that is absolute and
uncontrolled within its own sphere. Within its
designated limits, its exercise and effective opera
tion do not depend on, and are not subject to, the
power of any other person and cannot be prevented
or annulled by any other power recognized within
the constitutional system. -Often shortened to sov
ereign power. -Also termed supreme power. [Cases:
States (;::;:, 1.]
subordinate political power. Power that, within its
own sphere ofoperation, is subject in some degree to
external control because there exists some superior
constitutional power that can prevent, restrict, direct,
or annul its operation. -Often shortened to subor
dinate power.
political question. (1808) A question that a court will
not consider because it involves the exercise of discre
tionary power by the executive or legislative branch of
government. -Also termed nonjusticiable question. cr JUDICIAL QUESTION. [Cases: Constitutional Law
(;::;:'2580-2593.]
political-question doctrine. The judicial principle that
a court should refuse to decide an issue involving the
exercise ofdiscretionary power by the executive or leg
islative branch ofgovernment. [Cases: Constitutional
Law C=2580-2593.J
political right. See RIGHT.
political science. (I7c) The branch oflearning concerned
with the study ofthe principles and conduct ofgovern
ment. -Also termed political law.
political society. See STATE (1).
political subdivision. (1827) A division of a state that
exists primarily to discharge some function of local
government. [Cases: Municipal Corporations (;::;:,54.]
political trial. See TRIAL.
political-vote privilege. See PRIVILEGE (3).
politics. 1. The science of the organization and admin
istration of the state. 2. The activity or profeSSion of
engaging in political affairs


. The science of the organization and admin
istration of the state. 2. The activity or profeSSion of
engaging in political affairs.
polity (pol-d-tee). (16c) 1. The total governmental organi
zation as based on its goals and policies. 2. A politically
organized body or community.
polity approach. (1975) A method of resolving church
property disputes by which a court examines the struc
ture of the church to determine whether the church
is independent or hierarchical, and then resolves the
dispute in accordance with the decision of the proper
church-governing body. [Cases: ReligiOUS Societies (;::;:,
11,14.] poll, n. (I8c) 1. A sampling ofopinions on a given topic,
conducted randomly or obtained from a specified
group. 2. lhe act or process ofvoting at an election.
3. The result of the counting ofvotes. 4. (usu. pl.) The
place where votes are cast.
poll, vb. (l7c) 1. To ask how each member of (a group)
indiVidually voted <after the verdict was read, the judge
polled the jury>. [Cases: Criminal Law (;::;:,874; Federal
Civil Procedure (;::;:,2191; Trial (;::;:,325.] 2. To question
(people) so as to elicit votes, opinions, or preferences
<the committee polled 500 citizens about their views>.
3. To receive (a given number ofvotes) in an election
<the third-party candidate polled only 250 votes in the
county>.
pollicitation. Contracts. (I5c) The offer of a promise.
"By a promise. we mean an accepted offer as opposed to an
offer of a promise. or, as Austin called it, a pollicitation."
William R. Anson, Principles ofthe Law ofContract6 (Arthur
l. Corbin ed., 3d Am. ed. 1919).
poll tax. See TAX.
pollute, vb. To corrupt or defile; esp., to contaminate
the soil, air, or water with noxious substances. [Cases:
Environmental Law (;::;:, 161-389.] pollution, n.
polluter, n.
pollution exclusion. See EXCLUSION (3).
po. 10. suo. abbr. PONIT LOCO SUO.
polyandry (pol-ee-an-dree). (17c) The condition or
practice of having more than one husband at the same
time. Cf. POLYGYNY. [Cases: Bigamy(;=::> 1.]
polyarchy (pol-ee-ahr-kee). Government by many
persons. -Also termed polygarchy (pol-a-gahr-kee).
Cf. MONARCHY. -polyarchal, adj.
polygamist (pa-lig-d-mdst). 1. A person who has several
spouses Simultaneously. 2. An advocate of polygamy.
polygamy (pa-lig-a-mee), n. (16c) 1. The state or practice
of haVing more than one spouse simultaneously.
Also termed simultaneous polygamy; plural marriage.
[Cases: Bigamy 1; Marriage (;::;:, ILl 2. Hist. The
fact or practice ofhaving more than one spouse during
one's lifetime, though never simultaneously . Until
the third century, polygamy included remarriage after
a spouse's death because a valid marriage bond was
considered indissoluble. -Also termed successive
polygamy; serial polygamy; sequential marriage. Cf.
BIGAMY; MONOGAMY. -polygamous, adj. -polyga
mist, n.
"Polygamy (many marriages) is employed at times as a
synonym of bigamy and at other times to indicate the
simultaneous marriage of two or more spouses." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 458 (3d ed.
1982).
"[Tjhis one-marriage-at-a-time rule behind which the legal
systems of the West have seemingly thrown so much weight
is not what a sociologist would call a general prohibition
of polygamy. Polygamy can be simultaneous Of more than
one spouse is simultaneously present} or successive (if
spouses are married one after the other). Only simultane
ous polygamy is prohibited by the laws with which we are
here concerned. These statutes reserve the use of the word
polygamy for that kind which is not very common among

1278 polygarchy
us. They do not affect the serial form. which is so very
popular in the United States and Western Europe that ...
the law is fast changing to adapt to it." Mary Ann Glendon,
The Transformation ofFamily Law 52 (1989).
polygarchy. See POLYARCHY.
polygraph, n. (1923) A device used to evaluate truth
fulness by measuring and recording involuntary
physiological changes in the human body during
interrogation . Polygraph results are inadmissible
as evidence in most states but are commonly used by
the police as an investigative too!. -Also termed lie
detector.lCases: Criminal LawG=">388.5; Evidence G=">
150.] -polygraphic, adj. -polygraphy, n.
polygyny (pd-lij-d-nee). (I8c) The condition or practice
of having more than one wife at the same time. Cf.
POLYANDRY.
pondere, numero, et mensura (pon-ddr-ee, n[yJ
oo-mdr-oh, et men-s[yJnur-d). [Latin] Hist. By weight,
number, and measure . The phrase appeared in refer
ence to methods for determining fungibles.
4Pondere. numero, et men sura .. . These are the tests
proposed by our law, by which to ascertain whether a
certain subject falls within that class of subjects known
as fungibles, which class includes all those things which
perish in the using, and which can be estimated gener
ally by weight, number and measure; such, for example,
are corn, wine, money, &c." John Trayner, Trayner's Latin
Maxims 462 (4th ed. 1894).
pone (poh-nee). [Latin "put"j Hist. An original writ used
to remove an action from an inferior court (such as a
manorial court or county court) to a superior court.
 lhe writ was so called from the initial words ofits
mandate, which required the recipient to "put" the
matter before the court issuing the writ.
ponendis in assisis (pd-nen-dis in a-sl-zis). [Latin "to be
placed in assizes"] Hist. A writ directing the sheriff to
empanel a jury for an assize or real action.
ponendo sigillum ad exceptionem. See DE PONENDO
SIGILLUM AD EXCEPTIONEM.
ponendum in ballium (pd-nen-d"m in bal-ee-"m). [Latin
"to be placed in bail"] Hist. A writ commanding that a
prisoner be bailed in a bailable matter.
pone per vadium (poh-nee par vay-dee-"m). [Latin] Hist.
A writ commanding the sheriff to summon a defendant
who has failed to appear in response to an initial writ by
attaching some ofthe defendant's property and requir
ing the defendant to find sureties . It was so called
from the words of the writ, pone per vadium et salvos
plegios ("put by gage and safe pledges").
ponit loco suo (poh-nit loh-ko s[y]oo-oh). [LatinJ Puts in
his place . This phrase was formerly used in a power
of attorney. Abbr. po. 10. suo.
ponit se super patriam (poh-nit see s[yjoo-pdr pay
tree-am or pa-tree-"m). [Latin "he puts himself upon
the country"] Hist. A defendant's plea of not guilty in
a criminal action. -Abbr. po. se. See GOING TO THE
COUNTRY; PATRIA (3).
pontifex (pon-ti-feks), n. Roman law. A member of the
college ofpontiffs, one ofseveral groups of priests, who had control ofreligion in Rome. Also termed pontiff.
PI. pontifices (pon-tif-i-seez).
pontiff. 1. Roman law, A member of the council of priests
in ancient Rome. -Also termed pontifex.
"The specialists who interpreted the Twelve Tables and
the unwritten part of the law were called pontiffs. At first
they dealt with both sacred law (how to appease the gods)
and secular law (how to secure peace among men). Some
of them later confined themselves to secular law. As an
example of how they interpreted the law, the Twelve Tables
said that if a father sells his son three times (into bondage,
to payoff debts) the son is to be free from his father's
power. The Twelve Tables said nothing about a daughter.
The pontiffs held that if a father sold his daughter once,
she was free." Tony Honore, About Law 13 (1995).
2. The leader of the Catholic Church; the Pope. See
PONTIFEX.
pony homestead. See constitutional homestead under
HOMESTEAD.
Ponzi scheme (pon-zee). (1920) A fraudulent investment
scheme in which money contributed by later investors
generates artificially high dividends or returns for the
original investors, whose example attracts even larger
investments . Money from the new investors is used
directly to repay or pay interest to earlier investors, usu,
without any operation or revenue-producing activity
other than the continual raising of new funds. This
scheme takes its name from Charles Ponzi, who in the
late 19208 was convicted for fraudulent schemes he
conducted in Boston. See GIFTING CLUB. Cf. PYRAMID
SCHEME. [Cases: Antitrust and Trade Regulation
231.]
pool, n. (1868) 1. An association ofindividuals or entities
who share resources and funds to promote their joint
undertaking; esp., an association ofpersons engaged in
buying or selling commodities . Ifsuch an association
is formed to eliminate competition throughout a single
industry, it is a restraint of trade that violates federal
antitrust laws. [Cases: Antitrust and Trade Regulation
2. A gambling scheme in which numerous
persons contribute stakes for betting on a particular
event (such as a sporting event). [Cases: Gaming
5,73.]
pool clerk. See CLERK (5),
pooled-income fund. A trust created and maintained by
a public charity rather than a private person, whereby
(1) the donor creates an irrevocable, vested remainder
in the charitable organization that maintains the trust,
(2) the property transferred by each donor is com
mingled with property transferred by other donors,
(3) the fund cannot invest in tax-exempt securities, (4)
no donor or income beneficiary can be a trustee, (5)
the donor retains (either personally or for one or more
named income beneficiaries) a life income interest, and
(6) each income beneficiary is entitled to and receives
a proportional share of the annual income based on
the rate of return earned by the fund. IRC (26 USCA)
 642(c)(5). Charities (>::c6; Trusts (~280.1
pooled trust. See TRUST,

1279
pooling, n. Oil & gas. Ihe bringing together of small
tracts ofland or fractional mineral interests over a pro
ducing reservoir for the purpose of drilling an oil or gas
well.  Pooling is usu. associated with collecting a large
enough tract to meet well-spacing regulations. -Also
termed communitization. Cf. UNITIZATION. [Cases;
Mines and Minerals (>79.1(5), 92.78.]
compulsory pooling. Pooling done by order of a regula
tory agency. Also termed forced pooling.
forced pooling. See compulsory pooling.
voluntary pooling. Pooling arranged by agreement of
the owners of mineral interests.
pooling agreement. A contractual arrangement by
which corporate shareholders agree that their shares
will be voted as a unit. Also termed voting agree
ment; shareholder voting agreement; shareholder-con
trol agreement. [Cases: Corporations (;:::::' 198.1 (1).]
pooling clause. Oil & gas. A provision found in most oil
and-gas leases granting the lessee the right to combine
part or all of the leased acreage with other proper
ties for development or operation. (Cases: Mines and
Minerals (;:::::'78.1(7).]
pooling of interests. A method of accounting used in
mergers, whereby the acquired company's assets are
recorded on the acquiring company's books at their
cost when originally acquired . No goodwill account
is created under the pooling method.
Poor Law. Hist. The British law that provided relief to
paupers, originally on the parish level and supported
by property taxes . lhe Poor Law was supplanted in
1948 by the National Assistance Act.
poor man's court. See RUSTICUM FORUM.
poor relief. See WELFARE (2).
pop, n. Telecommunications. A calculation of the poten
tial customer base for a mobile-phone-service provider,
calculated by the number of people living in the area
multiplied by the company's percentage ownership of
the area's cellular service.
Poppean law. See LEX PAPIA POPPEA.
popular action. See QUI TAM ACTION.
popular election. See ELECTION (3).
popularis (pop-y<1-lair-is), adj. [Latin] Roman law. (Of
an action) available to any male member of the public.
See actio popularis under ACTIO.
popular justice. See JUSTICE (1).
popular sovereignty. See SOVEREIGNTY (1).
popular use. See USE (1).
populus (pop-y<1-I<1s), n. & adj. [Latin1 Roman law. The
people; the whole body of Roman citizens, patricians,
and plebeians.
porcupine provision. A clause in a corporation's charter
or bylaws deSigned to prevent a takeover without the
consent of the board of directors. Cf. SH