payout ratio. The ratio between a corporation's divi
dends per share and its earnings per share. Cf. COM
MON-STOCK RATIO.
payroll. 1. A list ofemployees to be paid and the amount
due to each ofthem. 2. The total compensation payable
to a company's employees for one pay period.
payroll tax. See TAX.
pays (payor pays), n. [Law French] The country; a jury.
See PATRIA.
pay-when-paid clause. See CLAUSE.
PBGC. abbr. PENSION BENEFIT GUARANTY CORPORA
TION.
PBS. abbr. 1. PUBLIC BUILDINGS SERVICE. 2. Public
Broadcasting Service.
P.C. abbr. l. See professional corporation under CORPO
RATION. 2. POLITICAL CORRECTNESS. 3. PRIVY COUN
CILLOR.
PCA. abbr. POSSE COMITATL'S ACT.
PCR action. See POSTCONVICTION-RELIEF PROCEED
ING.
PCT. abbr. PATENT COOPERATION TREATY.
PCT application. See international application under
PATENT APPLICATION.
PCT filing. See international application under PATENT
APPLICATION.
PCT filing date. Patents. The date of an international
application under the Patent Cooperation Treaty.
Also termed international filing date. See PATENT
COOPERATION TREATY; PCT FILING.
P.D. abbr. 1. PUBLIC DEFENDER. 2. Police department.
PDA. See PREG~ANCY-DISCRIMINATION ACT.
peace, n. 1. A state of public tranquility; freedom from
civil disturbance or hostility <breach of the peace>. 2.
The termination or absence ofarmed conflict between

1245
nations. See peace treaty under TREATY. -peaceable,
adj. peaceful, adj.
armedpeace. A situation in which two or more nations,
while at peace, are actually armed for possible or
probable hostilities.
peace, justice of the. See JUSTICE OF THE PEACE.
peaceable possession. See POSSESSION.
peace bond. See BOND (2).
Peace Corps. An independent federal agency that
promotes peace and friendship in the world by sending
volunteers to other countries to work in education,
agriculture, health, small-business development,
urban development, the environment, and information
technology. -The agency was established by the Peace
Corps Act of 1961 and became independent in 1988.
peacemaker's court. See COURT.
peace officer. A civil officer (such as a sheriff or police
officer) appointed to maintain public tranquility and
order; esp., a person designated by public authority to
keep the peace and arrest persons guilty or suspected
of crime. _ This term may also include a judge who
hears criminal cases or another public official (such as
a mayor) who may be statutorily designated as a peace
officer for limited purposes. Also termed officer of
the peace; conservator ofthe peace. [Cases; Municipal
Corporations (;::::;, 180(1).]
Peace ofGod and the church. Hist. The cessation ofliti
galion between terms and on Sundays and holidays.
peacetime. A period in which a country has declared
neither a war nor a national emergency, even if the
country is involved in a conflict or quasi-conflict.
peace treaty. See TREATY (1).
peace warrant. See WARRANT (1).
peak demand. The point (during some specified period)
at which customer use results in the highest level of
demand for a utility.
peccavi (pe-kay-vI or pe-kah-vee), n. [Latin "I have
sinned"] An acknowledgment or confession of guilt
peculation (pek-y;l-lay-sh;m), n. (l7c) Embezzlement,
esp. by a public officiaL Cf. DEPECULATION. [Cases:
Officers and Public Employees 12L] peculate
(pek-Y;l-layt), vb. peculative (pek-YJ-I;Hiv), adj.
peculator (pek-p-lay-tJr), n.
peculatus (pek-ya-Iay-tas), n. [Latin] Roman law. The
offense of stealing or embezzling public funds; pecu
lation. Cf. FURTUM (1).
peculiar, adj. Special; particular <peculiar benefit>.
peculiar, n, Hist. Eccles. law. A district, parish, chapel,
or church that was not subject to a bishop's jurisdic
tion. -Peculiars were created, usu. under papal author
ity, to limit a bishop's power. There were several types,
including royal peculiars (e.g., the Chapel Royal at St.
James's Palace or S1. George's in Windsor), peculiars
of the Archbishop of Canterbury, and peculiars of
bishops and deans. The jurisdiction and privileges of pecuniary loss
the peculiars were abolished by various statutes in the
19th century.
peculiar benefit. See special benefit under BENEFlT.
peculiar-risk doctrine. (1958) The principle that an
employer will be liable for injury caused by an inde
pendent contractor if the employer failed to take rea
sonable precautions against a risk that is peculiar to the
contractor's work and that the employer should have
recognized, -Also termed peculiar-risk exception.
[Cases: Labor and Employment (;::.)3156.]
peculium (pi-kyoo-Iee-Jm), n. [Latin] Roman law.
Property or money given by the head of a household
to a son or slave, to be used at that person's discretion
for living expenses or business transactions; property
at the disposal of the slave or son-in-power.
peculium adventitium. See ADVENTITIOUS PROPERTY,
peculium profectitium. See PROFECTITIUM PECULIUM.
pecune. [Origin unknown] Hist. CRIB,
pecunia (pi-kyoo-nee-;}), n. [Latin] Hist. 1. Money. 2.
Real or personal property.
pecunia certa (pi-kyoo-nee-;} s;}r-tJ). [Latin] A definite
sum of money.
pecunia constituta (pi-kyoo-nee-J kon-sti-t[y]oo-tJ).
[Latin "fixed sum of money"] Roman law. See pactum
de constituto under PACTUM.
pecunia non numerata (pi-kyoo-nee-J non nly]oo-m;}
ray-tJ), [Latin "money not paid"] Roman law. A defense
that even though defendant acknowledged receiv
ing money, it had not in fact been paid. Cf. exceptio
i pecuniae non numeralae under EXCEPTIO.
pecunia numerata (pi-kyoo-nee-a n[y]oo-mJ-ray-tJ).
[Latin] Hist. Money numbered or counted out; money
given to pay a debt.
pecuniary (pi-kyoo-nee-er-ee), adj. (l6c) Ofor relating
to money; monetary <a pecuniary interest in the
lawsuit>.
pecuniary ability. Income from any source or sources
sufficient to meet or pay an obligation, or for some other
purpose, such as providing suitable maintenance for
a spouse.
pecuniary benefit. See BENEFIT.
pecuniary bequest. See BEQUEST.
pecuniary cause. Eccles. law. A lawsuit maintainable in
an ecclesiastical court to redress an injury relating to
the church, such as a parishioner's failure to pay a tithe
to a parson.
pecuniary damages. See DAMAGES.
pecuniary devise. See DEVISE.
pecuniary gain. See GAIN (1).
pecuniary injury. See INJURY.
pecuniary interest. Seefinancial interest under INTEREST
(2).
pecuniary legacy. See LEGACY.
pecuniary loss. See LOSS.

pecunia trajectitia (pi-kyoo-nee-d traj-ek-tish-ee-d).
[Latin "money conveyed overseas"] Roman law. Money
loaned in connection with the transport of goods
by ship, with the lender bearing the risk of loss. See
NAUTlCUM FENDS.
pedage (ped-ij). Hist. Money paid as a toll to travel
through another's land. -Also termed paage;
pedagium.
pedagium (pi-day-jee-dm). [Law Latin] See PEDAGE.
pedal possession. See POSSESSION.
pedaneus (pi-day-nee-ds), n. & adj. [Latin] Roman law.
A judge who sat at the foot of the tribunal (Le., in the
lowest seat) ready to try minor cases at the command
ofthe magistrate; an assistant judge.
pederasty (ped-dr-as-tee), n. (17c) Anal intercourse
between a man and a boy . Pederasty is illegal in all
states. Cf. SODOMY. [Cases: SodomyC=> 1.]-pederast
(ped-d-rast), n.
pedigree. A history of family succession; ancestry or
lineage.
pedis abscissio (pee-dis or ped-is ab-sish-ee-oh). [Latin
"cutting off a foot"] Hist. Punishment by cutting off
the offender's foot.
pedis positio (pee-dis or ped-is pd-zish-ee-oh). [Latin
"the placement of the foot"] Hist. A putting or placing
of the foot.  This term denoted possession of land by
actual entry.
pedis possessio. See POSSESSIO.
pedis possessio doctrine (pee-dis or ped-is pd-zes[hJ
ee-o). [Latin "possession-of-a-foot doctrine") The prin
ciple that a prospector working on land in the public
domain is entitled to freedom from fraudulent or
forcible intrusions while actually working on the site.
[Cases: Mines and Minerals C=>27(l).]
pedophile. One who engages in pedophilia.
pedophilia. (1906) 1. A sexual disorder consisting in the
desire for sexual gratification by molesting children,
esp. prepubescent children. 2. An adult's act of child
molestation . Pedophilia can but does not necessarily
involve intercourse. The American Psychiatric Asso
ciation applies both senses to perpetrators who are at
least 16 years old and at least five years older than their
victims. Cf. PEDERASTY.
Peeping Tom. (18c) A person who spies on another
(as through a window), usu. for sexual pleasure;
VOYEUR. -Also termed peeper. [Cases: Disorderly
Conduct C=> 123.]
peer, n. 1. A person who is of equal status, rank, or char
acter with another.
"The commonalty, like the nobility, are divided into several
degrees; and, as the lords, though different in rank, yet all
of them are peers in respect of their nobility, so the com
moners, though some are greatly superior to others, yet all
are in law peers, in respect of their want of nobility ....' 1
William Blackstone, Commentaries on the Laws ofEngland
391 (1765). 2. A member ofthe British nobility (such as a duchess,
marquis, earl, viscount, or baroness). -peerage (peer
ij), n.
'The Crown has power to create any number of peers and
of any degree. In modern practice the power is exercised
on the advice of the Prime Minister and the honour is most
commonly a reward for political services. Peerages can
be, and have been, conferred for party political reasons;
12 were created in 1712 to save the government, and 16
to help pass the Reform Bill in 1832. In 1832 and 1911 the
Opposition of the House of Lords was overcome by the
threat to create enough peers to secure a majority....
The main privilege of a peer is to sit and vote in the House
of Lords." David M. Walker, The Oxford Companion to Law
942 (1980).
peer-reviewed journal. (1980) A publication whose
practice is to forward submitted articles to disinterested
experts who screen them for scholarly or scientific reli
ability so that articles actually published have already
withstood expert scrutiny and comment.
peer-review organization. (1978) A governmental
agency that monitors health-regulation compliance
by private hospitals requesting public funds (such as
Medicare payments). -Abbr. PRO. [Cases: Health
peer-review privilege. See PRIVILEG E (3).
peers of fees. Rist. Vassals or tenants of the same lord
who judged disputes arising out of fees.
peine forte et dure (pen for tay door or payn fort ay
dyoor). [French "strong and hard punishment") Hist.
The punishment of an alleged felon who refused to
plead, consisting of pressing or crushing the person's
body under heavy weights until the accused either
pleaded or died.
"In all other felonies, however, the punishment of peine
forte et dure was, until lately, denounced as the conse
quence of an obstinate silence. The greatest caution and
deliberation were indeed to be exercised before it was
resorted to; and the prisoner was not only to have 'trina
admonitio,' but a respite of a few hours, and the sentence
was to be distinctly read to him, that he might be fully
aware of the penalty he was incurring." 1 Joseph Chitty,
A Practical Treatise on the Criminal Law 425-26 (2d ed.
1826).
"In old English law, a person charged with felony who,
refusing to accept jury trial, was pressed to death (peine
forte et dure), was not regarded as committing suicide, so
that he did not forfeit his property." Glanville Williams, The
Sanctity ofLife and the Criminal Law 270 n.4 (1957).
pell. See CLERK OF THE PELLS.
pellex (pel-eks).


(1957).
pell. See CLERK OF THE PELLS.
pellex (pel-eks). n. [Latin] Roman law. A concubine.
penal (pee-ndl), adj. (15c) Of, relating to, or being a
penalty or punishment, esp. for a crime.
"The general rule is that penal statutes are to be construed
strictly. By the word 'penal' in this connection is meant not
only such statutes as in terms impose a fine, or corporal
punishment, or forfeiture as a consequence of violating
laws, but also all acts which impose by way of punish
ment damages beyond compensation for the benefit of the
injured party, or which impose any special burden, or take
away or impair any privilege or right." William M. Lile et aI.,
BriefMaking and the Use ofLaw Books 344 (3d ed. 1914).
"The word penal connotes some form of punishment
imposed on an individual by the authority of the state.

1247
Where the primary purpose of a statute is expressly
enforceable by fine, imprisonment, or similar punish
ment the statute is always construed as penal." 3 Norman
J. Singer, Sutherland Statutes and Statutory Construction
 59.01, at 1 (4th ed. 1986).
penal action. See ACTION (4).
penal bill. See penal bond under BOND (2).
penal bond. See BOND (2).
penal clause. See PENALTY CLAUSE.
penal code. (1Sc) A compilation of criminal laws, usu.
defining and categorizing the offenses and setting forth
their respective punishments. -Also termed criminal
code. See MODEL PENAL CODE.
penal colony. A remote place of detention for convicts
and political prisoners, usu. in an isolated part of a
nation or in a nation's extraterritorial holdings . His
torical examples include the Soviet Union's gulags in
Siberia and France's penal colony on Devil's Island off
the coast ofGuiana.
penal custody. See CUSTODY (1).
penal institution. See PRISON.
penal law. 1. See penal statute under STATUTE. 2. See
CRIMINAL LAW.
penal liability. See LIABILITY.
penal redress. See REDRESS.
penal sanction. See criminal sanction under SANCTION.
penal servitude. Confinement in prison with hard labor.
See HARD LABOR. Cf. IMPRISONMENT.
penal statute. See STATUTE.
penal sum. (l7c) Ihe monetary amount specified as a
penalty in a penal bond. See penal bond under BOND
(2).
penalty. (lSc) 1. Punishment imposed on a wrongdoer,
usu. in the form of imprisonment or fine; esp., a sum
ofmoney exacted as punishment for either a wrong to
the state or a civil wrong (as distinguished from com
pensation for the injured party's loss) . Ihough usu.
for crimes, penalties are also sometimes imposed for
civil wrongs. [Cases: Penalties
civil penalty. (l7c) A fine assessed for a violation of a
statute or regulation <the EPA levied a civil penalty
of$10,000 on the manufacturer for exceeding its pol
lution limits>.
statutory penalty. (ISc) A penalty imposed for a statu
tory violation; esp., a penalty imposing automatic lia
bility on a wrongdoer for violation ofa statute's terms
without reference to any actual damages suffered.
[Cases: Penalties
2. An extra charge against a party who violates a con
tractual provision.
prepayment penalty. (1948) A charge assessed against
a borrower who elects to payoff a loan before it is due.
[Cases: Bills and Notes C:-c429; Mortgages <8='29S(1);
Usury C-::::61.J pendent
3. Excessive stipulated damages that a contract purports
to impose on a party that breaches. If the damages
are excessive enough to be considered a penalty, a court
will usu. not enforce that particular provision of the
contract. Some contracts specify that a given sum of
damages is intended "as liquidated damages and not as
a penalty" -but even that language is not foolproof.
[Cases: Damages C==>SO.j4. PENALTY CLAUSE.
"A penalty is a sum which a party ... agrees to payor
forfeit in the event of a breach, but which is fixed, not
as a pre-estimate of probable actual damages, but as a
punishment, the threat of which is designed to prevent
the breach, or as security, where the sum is deposited or
the covenant to pay is joined in by one or more sureties,
to insure that the person injured shall collect his actual
damages. Penalties ... are not recoverable or retainable
as such by the person in whose favor they are framed ...."
Charles T. McCormick, Handbook on the Law of Damages
 146, at 600 (1935).
penalty clause. (1843) A contractual provision that
assesses against a defaulting party an excessive
monetary charge unrelated to actual harm. Penalty
clauses are generally unenforceable. -Often short
ened to penalty_ -Also termed penal clause. Cf. LIQ
UIDATED-DAMAGES CLAUSE; LlMITATION-OF-REMEDIES
CLAUSE. [Cases: Damages C==>76, SO.)
"It not infrequently happens that contracts provide for what
is to happen in the event of a breach by the parties, or
by one of them. Such provisions may be perfectly simple
attempts to avoid future disputes, and to quantify the
probable amount of any loss. That is unobjectionable.
But sometimes clauses of this kind are not designed to
quantify the amount of the probable loss, but are designed
to terrorize, or frighten, the party into performance. For
example, a contract may provide that the promisor is to
pay 5 on a certain event, but if he fails to do so, he must
then pay 500. Now a clause of that kind is called a penalty
clause by lawyers, and for several hundred years it has
been the law that such promises cannot be enforced. The
standard justification for the law here is that it is unfair
and unconscionable to enforce clauses which are designed
to act in terrorem." P.S. Atiyah, Promises, Morals, and Law
57-58 (1981)
penalty phase. (1959) The part of a criminal trial in
which the fact-finder determines the punishment for a
defendant who has been found guilty. -Also termed
sentencing phase. Cf. GUIl.T PHASE. [Cases: Sentencing
and Punishment C='325, 1774.)
penalty point. A punishment levied for a traffic offense
and accumulated on the driver's record . If a driver
receives a statutorily set number of points, the driver's
license may be restricted, suspended, or terminated.
[Cases: Automobiles 144.1(3).)
penance. Eccles. law. A punishment assessed by an eccle
siastical court for some spiritual offense.
pend, vb. (I8c) (Of a lawsuit) to be awaiting decision or
settlement.
pendency (pen-dan-see), n. (l7c) The state or condition
ofbeing pending or continuing undecided.
pendens. See LIS PENDENS.
pendent (pen-d,mt), adj. (ISc) 1. Not yet decided;
pending <a pendent action>. 2. Of or relating to
pendent jurisdiction or pendent-party jurisdiction

<pendent parties>. [Cases; Federal Courts 14.1.J
3. Contingent; dependent <pendent upon a different
claim>.
pendent-claim jurisdiction. See pendent jurisdiction
under JURISDICTION.
pendente lite (pen-den-tee iI-tee), adv. [Latin "while the
action is pending"] During the proceeding or litigation;
in a manner contingent on the outcome oflitigation.
Also termed lite pendente. Cf. LIS PENDENS.
pendente lite administration. See administration
pendente lite under ADMINISTRATION.
pendente processu (pen-den-tee pra-ses-[y]oo). [Law
Latin] Hist. During the pendency ofthe process.
pendentes fructus (pen-den-teez [frak-t;~sD. [Latin] Hist.
Hanging fruits . 'Ihese fruits -as distinguished from
fruits that have been gathered -must be restored to a
real owner who defeats the claims of a bona fide pos
sessor. -Sometimes shortened to pendentes.
pendente tutela (pen-den-tee t[y]oo-tee-l<l). [Latin] Hist.
During the tutory.
pendent jurisdiction. See JURISDICTION.
pendent-party jurisdiction. See JURISDICTION.
pendent-venue doctrine. The principle that once venue
is established for a federal claim, proof of venue for
additional federal claims, cross-claims, and counter
claims is unnecessary. [Cases: Federal Courts
pending, prep. (17c) 1. 'Ihroughout the continuance
of; during <in escrow pending arbitration>. 2. While
awaiting; until <the injunction was in force pending
trial>.
pending, adj. (l7c) 1. Remaining undecided; awaiting
decision <a pending case>. 2. Parliamentary law. (Of
a motion) under consideration; moved by a member
and stated by the chair as a question for the meeting's
consideration. See CONSIDERATION (2); ON THE FLOOR.
 A motion may be immediately pending, meaning that
it is directly under consideration, being the last motion
stated by the chair and next in line for a vote; or it may
be pending subject to other motions of higher rank that
have taken precedence over it. See immediately pending
motion and pending motion under MOTION (2).
pending motion. See MOTION (2).
pending-ordinance doctrine. The principle that a
municipality may properly deny an application for a
property use that, although it would satisfy existing
law, would violate a law that is pending when the appli
cation is made. This doctrine was judicially created,
mainly to short-circuit landowners' attempts to cir
cumvent a new ordinance by applying for a noncon
forming use on the eve ofits approval. [Cases: Zoning
and Planning
penetration, n. l. Criminal law. The entry of the penis
or some other part of the body or a foreign object into
the vagina or other bodily orifice . This is the typical
meaning today in statutes defining sexual offenses.
Also termed intromission. See RAPE (1). [Cases: Rape 2. 'lbe depth reached by a bullet or other projec
tile in something against which the projectile is fired.
3. The act of piercing or passing something into or
through a body or object. -penetrate, vb.
penetration pricing. Pricing of a new product below its
anticipated market price to enter a market and capture
market share by breaking down existing brand loyal
ties.
penitentiary (pen-a-ten-sha-ree), n. (1807) A correc
tional facility or other place oflong-term confinement
for convicted criminals; PRISON. [Cases; Prisons
213.] -penitentiary, adj.
penitentiary misdemeanor. See serious misdemeanor
under MISDEMEANOR.
Pennoyer rule (p<'l-noY-<lr). (1968) The principle that
a court may not issue a personal judgment against a
defendant over whom it has no personal jurisdiction.
Pennoyer v. Neff, 95 U.S. 714 (1877). [Cases: Judgment
016.]
Pennsylvania rule. Torts. The principle that a tortfea
sar who violates a statute in the process of causing an
injury has the burden of showing that the violation
did not cause the injury. The Pennsylvania, 86 U.S.
(19 Wall.) 125, 136 (1874). [Cases: Collision 123;
Shipping (;:::;'86(2.3).]
penny stock. See STOCK.
penology (pee-nol-<'l-jee), n. (1838) The study of penal
institutions, crime prevention, and the punishment and
rehabilitation of criminals, including the art of fitting
the right treatment to an offender. Cf. CRIMINOLOGY.
penological (pee-n<l-loj-i-k<ll), ad}. -penologist (pee
nol-<'l-jist), n.
pen register. (1953) A mechanical device that logs dialed
telephone numbers by monitoring electrical impulses.
 Because a pen register does not record the telephone
conversation, it may not constitute a Fourth Amend
ment search requiring a search warrant (though it does
need a court order). Some states, however, do consider
the use of a pen register invasive enough to require a
search warrant. Cf. WIRETAPPING. [Cases; Telecom
munications
pensio (pen-shee-oh), n. [Latin] Roman & civil law. A
payment for the use of a thing, such as rent for the use
of another's house.
pension. (16c) A fixed sum paid regularly to a person (or
to the person's beneficiaries), esp. by an employer as a
retirement benefit. Cf. ANNUITY (3). [Cases: Labor and
Employment C=419.]
vested pension. A pension in which an employee (or
employee's estate) has rights to benefits purchased
with the employer's contributions to the plan, even if
the employee is no longer employed by this employer
at the time of retirement.  The vesting of qualified
pension plans is governed by ERISA. See EMPLOYEE
RETIREMENT INCOME SECURITY ACT. [Cases: Labor
and Employment

1249
Pension and Welfare Benefits Administration. A unit
in the U.S. Department of Labor that was responsi
ble for regulating employee pension plans under the
Employees Retirement I ncome Security Act (ERISA)


was responsi
ble for regulating employee pension plans under the
Employees Retirement I ncome Security Act (ERISA)
and for enforcing the Act through its field offices. _ It
has been replaced by the Employee Benefits Security
Administration. Abbr. PWBA. [Cases: Labor and
Employment C:::>408.]
Pension Benefit Guaranty Corporation. A self-financ
ing federal corporation that guarantees payment of
pension benefits in covered benefit pension plans. -
Abbr. PBGC. [Cases: Labor and Employment
522.]
pensioner. A recipient or beneficiary of a pension plan.
[Cases: Labor and Employment C:::>S34.]
pension plan. 1. Under ERISA, any plan, fund, or
program established or maintained by an employer
or an employee organization that provides retire
ment income to employees or results in a deferral of
income by employees extending to the termination of
employment or beyond. 29 USCA  1002(2)(A). [Cases:
Labor and Employment C:::>419.] 2. Under the Internal
Revenue Code, an employer's plan established and
maintained primarily to provide systematically for the
payment ofdefinitely determinable benefits to employ
ees over a period ofyears, usu. for life, after retirement.
See EMPLOYEE RETIREMENT INCOME SECURITY ACT. Cf.
EMPLOYEE BENEFIT PLAN.
contributory pension plan. A pension plan funded by
both employer and employee contributions. [Cases:
Labor and Employment C=419.]
defined-benefit pension plan. A pension plan in which
an employer commits to paying an employee a specific
benefit for life beginning at retirement. -The amount
ofthe benefit is based on factors such as age, earnings,
and years ofservice. [Cases: Labor and Employment
(~422.]
defined-contribution pension plan. See defined-contri
bution plan under EMPLOYEE BENEFIT PLAN.
defined pension plan. A pension plan in which
the employer promises specific benefits to each
employee. Also termed fixed-benefit plan. (Cases:
Labor and Employment (>::>422.J
noncontributory pension plan. A pension plan funded
solely by the employer's contributions. [Cases: Labor
and Employment C:::>419.]
nonqualified pension plan. A deferred-compensa
tion plan in which an executive increases retirement
benefits by annual additional contributions to the
company's basic plan. [Cases: Labor and Employ
ment (;::)430.]
qualified pension plan. A pension plan that complies
with federal law (ERISA) and thus allows the
employee to receive tax benefits for contributions and
tax-deferred investment growth. - Often shortened
to qualified plan. [Cases: Labor and Employment C:::>
419,430.] peonage
top-hat pension plan. An unfunded pension plan
that is maintained by an employer primarily for the
purpose of providing deferred compensation for a
select group of managers or highly paid employees.
-Top-hat plans are generally not subject to the broad
remedial provisions of ERISA because Congress rec
ognized that certain individuals, by virtue of position
or compensation level, can substantially influence the
design or operation of their deferred -compensation
plans. -Often shortened to top-hat plan. [Cases:
Labor and Employment C:::>432.]
pension trust. See TRUST.
Pentagon Force Protection Agency. A unit in the U.S.
Department of Defense responsible for operating the
Pentagon police force and providing basic law enforce
ment and security for the Pentagon and other military
installations in the Washington, D.C. area. -The
Agency was formed after the Pentagon was attacked
on 11 September 2001. -Abbr. PFPA.
penumbra (pi-n3m-br;)), n. (18c) A surrounding area or
periphery of uncertain extent.  In constitutional law,
the Supreme Court has ruled that the specific guaran
tees in the Bill of Rights have penumbras containing
implied rights, esp. the right ofprivacy. PI. penumbras,
penumbrae (pi-n3m-bree). -penumbral (pi-n3m
brdl), adj.
"Problems of fringe meaning are sometimes spoken of as
'problems of the penumbra', the point being that, in the
case of a great many words, there is no doubt about the
hard core of their meanings, but different views may well
be taken on the question whether the words are appli
cable to things or situations outside that hard core: Rupert
Cross, Statutory Interpretation 57 (1976).
penuria peritorum (p<l-nyoor-ee-a per-i-tor-<lm). [Latin]
Hist. A scarcity of (legally) skilled men. -The phrase
appeared in reference to the grantor's lack of proper
assistance in preparing and executing a conveyance.
penuria testium (p<l-nyoor-ee-;) tes-tee-<lm). [Latin] Hist.
A scarcity of witnesses.
"The disqualifications formerly attaching to witnesses,
and especially that of relationship, were sometimes disre
garded in occult or private facts, where there must, from
the nature of the case, be a scarcity of unexceptionable
witnesses .... It was not enough in this sense, to constitute
a penuria testium, to prove that the other eVidence was
scanty and defective; it had to be shown farther that the
penuria was necessarily occasioned by the very nature of
the question at issue." William Bell, Bell's Dictionary and
Digest ofthe Law ofScotland 798 (George Watson ed., 7th
ed. 1890).
peonage (pee-<l-nij), n. (1844) Illegal and involuntary
servitude in satisfaction of a debt. [Cases: Slaves (;::>
24.] -peon, n.
"Peonage, which is a term descriptive of a condition that
existed in Spanish America, and especially in Mexico, and
in the territory of New Mexico, and which may be defined
as the status or condition of compulsory service based
upon the indebtedness of the peon to the master, the basic
fact being the indebtedness, is abolished and prohibited by
an act of Congress which further declares that any statute,
resolution, regulation, ordinance, or usage of any territory
or state designed or operating to establish, maintain, or
enforce, directly or indirectly, the voluntary or involuntary

1250 people
service or labor of any persons as peons, in liquidation of
any debt or obligation, or otherwise, shall be null and void
[42 USCA  1994]." 45 Am. Jur. 2d Involuntary Servitude
and Peonage  10, at 935-36 (1969).
people. (usu. cap.) (180i) The citizens of a state as rep
resented by the prosecution in a criminal case <People
v. Snyder>.
people's court. (1912) 1. A court in which individuals
can resolve small disputes. See small-claims court under
COURT. [Cases: Courts ~174.LI [Cases: Courts
174.] 2. Hist. (cap.) In Nazi Germany, a tribunal that
dealt with political offenses . In German, Volksger
ichtshof
people-smuggling. The crime ofhelping a person enter a
country illegally in return for a fee. Cf. human traffick
ing under TRAFFICKING; SMUGGLING. [Cases: Aliens,
Immigration, and Citizenship ~776.]
peppercorn. A small or insignificant thing or amount;
nominal consideration <the contract was upheld despite
involving mere peppercorn>. See nominal consideration
under CONSIDERATION; peppercorn rent under RENT.
[Cases: Contracts ~54.]
peppercorn rent. See RENT.
per (pdr), prep. [Latin] (14c) 1. Through; by <the dissent,
per Justice Thomas>. 2. For each; for every <55 miles
per hour>. 3. In accordance with the terms of; accord
ing to <per the contract>.
per aequipollens (pdr ee-kwi-pol-enz). [Latin] Hist. By
an equivalent.
per aes et libram (pdr ees et h-brdm). [Latin] Roman
law. By bronze (or copper) and scales. The phrase
typically referred to the fictitious sale in a mancipation
during which the purchaser struck the scales with a
piece ofbronze or copper and then gave it to the seller
as a symbol ofthe price. See MANCIPATION.
per aHum stetit (pdr ay-ee-dm stet-it). [Latin] Hist. It was
owing to (something done by) another.
per ambages (pdr am-bay-jeez). [Latin] Hist. Indirectly;
evasively.
perambulation. The act or custom of walking around
the boundaries ofa piece ofland, either to confirm the
boundaries or to preserve evidence of them.
perambulatione facienda. See DE PERAMBULATIONE
FACIENDA.
per annum (pdr an-dm), adv. [Latin] (16c) By, for, or
in each year; annually <interest of eight percent per
annum>.
PIE ratio. abbr. PRICE-EARNINGS RATIO.
per autre vie. See PUR AUTRE VIE.
per aversionem (pdr d-vdr-zhee-oh-ndm). [Latin "for a
lump sum"] Roman 6-civil law. Ofor relating to a sale
in which goods are taken in bulk or land is bought by
estimation ofthe number ofacres. This type ofsale is
so called because the buyer "turns away" from a careful
scrutiny of the things purchased. "It is a fundamental principle, pervading everywhere the
doctrine of sales of chattels, that if the goods of differ
ent value be sold in bulk, and not separately, and for a
single price, or per aversionem, in the language of the
civilians, the sale is perfect, and the risk with the buyer;
but if they be sold by number, weight, or measure, the
sale is incomplete, and the risk continues with the seller,
until the speCific property be separated and identified." 2
James Kent, Commentaries on American Law *496 (George
Comstock ed., 11th ed. 1866).
per bouche (pdr boosh). [Law French] By the mouth;
orally.
per capita (pdr kap-i-td), adj. [Latin "by the head"] (17c)
1. Divided equally among all individuals, usu. in the
same class <the court will distribute the property to
the descendants on a per capita basis>. Cf. PER STIRPES.
[Cases: Descent and Distribution Wills
530.]
"Per capita means taking as an individual and not as a
representative of an ancestor. Suppose the testator ... with
three living children and three grandchildren who are the
issue of a deceased son, had desired and had so stated
in his will that his own children and the children of his
deceased son should share equally in the estate. In that
event the estate would be divided into six parts and each
of the three children and each of the three grandchildren
would receive an equal portion of the total estate namely,
onesixth." Gilbert Thomas Stephenson, Wills 30 (934).
per capita with representation. (1935) Divided equally
among all members of a class of takers, including
those who have predeceased the testator, so that no
family stocks are cut off by the prior death ofa taker.
 For example, ifT (the testator) has three children
A, B, and C and C has two children but predeceases
T, C's children will still take C's share when T's estate
is distributed.
2. Allocated to each person; possessed by each indi
vidual <the average annual per capita income has
increased over the last two years>. per capita, adv.
per capita tax. See poll tax under TAX.
percentage depletion. Oil 6-gas. A method of allowing
a taxpayer who owns an economic interest in a pro
ducing oil or gas well to deduct a specified percentage
of the gross income from the well in lieu of depleting
the actual basis. 26 USCA  611. Cf. COST DEPLETION.
[Cases: Internal Revenue 03493.]
percentage game. See GAME.
percentage lease. See LEASE.
percentage-of-completion method. See ACCOUNTING
METHOD.
percentage order. See ORDER (8).
perception. 1. An observation, awareness, or realiza
tion, usu. based on physical sensation or experience;
appreciation or cognition . The term includes both the
actor's knowledge ofthe actual circumstances and the
actor's erroneous but reasonable belief in the existence
of nonexistent circumstances. 2. Roman & civil law.
The act oftaking into possession (as rents, profits, etc.),
esp. by a bona fide possessor or usufructuary. Also
termed (in Roman law) perceptio (p;}r-sep-shee-oh).

1251 perfect defense
percepti sed non consumpti (p<'lr-Sep-tI sed non
bn-samp-tI). [Latin] Hist. I;ruits gathered but not
consumed.
percipient witness. See WITNESS.
percolating water. See WATER.
per collationem bonorum (P<'lf k<'l-lay-shee-oh-n<'lm
b"-nor-,,m). [Latin] Scots law. By bringing goods
received into account (collation) . When heirs-at-Iaw,
or heirs who had received from a deceased ancestor
during the ancestor's lifetime, wished to share in the
legitim fund, they had to bring in (to collate) what they
had received before the legitim could be shared out. See
COLLATION (2).
per consequens (p<'lr kon-s<'l-kwenz). [Latin] By conse
quence; consequently.
per considerationem curiae (p<'lr k<'ln-sid-<'l-ray-shee-oh
n<'lm kyoor-ee-ee). [Law Latin] By the consideration of
the court.
per contra (P<'lf kon-tr<:1). [Latin] (16c) On


of
the court.
per contra (P<'lf kon-tr<:1). [Latin] (16c) On the other hand;
to the contrary; by contrast.
per cur. abbr. Per curiam. See per curiam opinion under
OPINION (1).
per curiam (p<:1r kyoor-ee-am), adv. & adj. [Latin] (I5c)
By the court as a whole. [Cases: Courts (;::::>107.]
per curiam, n. See per curiam opinion under OPINION
(1).
per curiam opinion. See OPINION (1).
per diem (p<'lrdh}m or dee-am), adv. [Latin] (15c) By the
day; for each day. Cf. IN DIEM.
per diem, adj. (18c) Based on or calculated by the day
<per diem interest>.
per diem. n. (1812) 1. A monetary daily allowance, usu.
to cover expenses. 2. A daily fee.
perdonatio utlagariae (par-d<:1-nay-shee-oh <'It-l<'l-gair
ee-ee). [Law Latin "pardon ofoutlawry"] Hist. A pardon
given to a person outlawed for failing to obey a court's
summons . A person who voluntarily surrendered was
eligible for this type ofpardon.
perduellio (par-dlyJoo-el-ee-oh), n. [Latin "treason"]
Roman law. The crime of hostility to one's native
country; treasonous conduct, such as joining the enemy
or deserting the battlefield . This term corresponds
to the English phrase high treason. In the Roman
republic, several acts might constitute perduellio, such
as assuming regal power; trying to subvert, by violence,
the established form of government, esp. by foment
ing internal rebellion; and promoting the designs
of external foes. Perduellio was later absorbed into a
broader category ofcrimes against the state, the crimen
laesae majestatis. Also termed (in English) perduel
lion (p;3r-d[y]oo-el-Y<:1n). See CRIMEN MAJESTATIS.
perdurable (par-d[yJuur-a-b;3l), adj. (15c) (Of an estate in
land) lasting or enduring; durable; permanent. peregrinus (per+gn-n;3s), n. Roman law. A free person
who was not a Roman citizen; a free foreigner. PI. per
egrini.
perempt (p<:1r-empt), vb. 1. Civil law. To quash, do away
with, or extinguish. 2. Slang. To exercise a peremptory
challenge.
peremption (par-emp-shan), n. Civil law. A period of
time fixed by statute for the existence of a right. If
the right is not exercised during this period, it is extin
guished. Whereas prescription simply bars a specific
remedy, peremption bars the action itself. Cf. PRESCRIP
TION (1). See STATUTE OF REPOSE. [Cases; Limitation of
Actions 165.]
peremptoria litis et causae (par-emp-tor-ee-<'l II-tis et
kaw-zee). [Law Latin] Hist. Decisive of the suit and
cause. lne phrase appeared in reference to peremp
tory defenses, to which there could be no reply.
peremptory (p<'lr-emp-t;3-ree), adj. (15c) 1. Final; absolute;
conclusive; incontrovertible <the king's peremptory
order>. 2. Not requiring any shown cause; arbitrary
<peremptory challenges>.
peremptory, n. See peremptory challenge under CHAL
LENGE (2).
peremptory challenge. See CHALLENGE (2).
peremptory day. See DAY.
peremptory defense. See DEFENSE (1).
peremptory exception. See EXCEPTION (1).
peremptory instruction. See JURY INSTRUCTION.
peremptory mandamus. See MANDAMUS.
peremptory norm. See JUS COGENS (2).
peremptory plea. See PLEA (}).
peremptory rule. See RULE (1).
peremptory strike. See peremptory challenge under
CHALLENGE (2).
peremptory writ. See WRIT.
per eundem (p<:1r ee-an-d<:1m). [Latin] By the same . This
term often appears in the phrase per eundem in eadem
("by the same judge in the same case").
per expressum (p<:1r ek-spres-am). [Latin) Hist. Expressly;
explicitly.
perfas aut nefas (paf fas awt nee-fas). [Latin] Hist. By
lawful or unlawful means.
perfect (par-fekt), vb. (14c) To take all legal steps needed
to complete, secure, or record (a claim, right, or interest);
to provide necessary public notice in final conformity
with the law <perfect a security interest> <perfect the
title>. [Cases: Secured Transactions (;::;:>81.]
perfect attestation clause. (1875) A testamentary provi
sion asserting that all actions required to make a valid
testamentary disposition have been performed. [Cases:
Wills (;::::> 113,289,302(5).]
perfect competition. See COMPETITION.
perfect defense. See DEFENSE (1).

1252 perfect duty
perfect duty. See DUTY (1).
perfected security interest. See SECURITY INTEREST.
perfect equity. See EQUITY.
perfect grant. See GRANT.
perfecting amendment. See AMENDMENT (3).
perfect instrument. See INSTRUMENT (3).
perfection. Validation of a security interest as against
other creditors, usu. by filing a statement with some
public office or by taking possession of the collateraL
Cf. ATTACHMENT (4). [Cases: Secured Transactions
81-96,138-145.]
automatic perfection. Ibe self operative perfection of
a purchase-money security interest without filing or
without possession of the collateral.  The security
interest is perfected simply by the attachment of the
security interest, without any additional steps. See
purchase-money security interest under SECURITY
INTEREST. [Cases: Secured Transactions C::='83,
146.]
temporary perfection. The continuous perfection of a
security interest for a limited period . For example,
a security interest in proceeds from the original
collateral is perfected for ten days after the debtor
receives the proceeds; the interest will become unper
fected after this ten-day period unless certain statu
tory requirements are met. On most instruments,
a secured party who advances new value under a
written security agreement obtains a 21-day perfec
tion period, even if the secured party does not file a
financing statement and the collateral remains with
the debtor. UCC  9-304(4). [Cases: Secured Transac
tions 168.]
perfect obligation. See OBLIGATION.
perfect ownership. See OWNERSHIP.
perfect right. See RIGHT.
perfect self-defense. See SELF-DEFENSE.
perfect tender. See TENDER (3).
perfect-tender rule. (1970) Commercial law. The princi
that a buyer may reject a seller's goods ifthe quality,
quantity, or delivery ofthe goods fails to conform pre
cisely to the contract . Although the perfect-tender
rule was adopted by the VCC ( 2-601), other Code
provisions such as the seller's right to cure after
rejection have softened the rule's impact. Cf. SUB
STANTIAL-PERFORMANCE DOCTRINE. [Cases: Sales C::='
177.]
"At common law, a buyer of goods possessed a legal
right to insist upon 'perfect tender' by the seller. If the
goods failed to conform exactly to the description in the
contract whether as to quality, quantity or manner of
delivery the buyer could reject the goods and rescind the
contract, which meant that the parties would be returned
to the positions they occupied before the contract was
entered into." Marvin A. Chireistein, Concepts and Case
Analysis in the Law ofContracts 112 (1990).
perfect title. See TITLE (2).
perfect trial. See TRIAL. perfect usufruct. See USUFRUCT.
perfect war. See WAR.
perfeloniam (p<:lr f<:l-loh-nee-<:lm). [Latin] Hist. With
criminal intent.
perficere susceptum munus (p<:lr-fis-<:lr-ee s<:l-sep-tam
myoo-nJs). [Latin] Scots law. To perform the duties of
an office undertaken . One assuming an office could
not then capriciously resign from the office. See REBUS
INTEGRlS.
perfidy (par-fa-dee). Int'llaw. A combatant's conduct
that creates the impression that an adversary is entitled
to, or is obliged to accord, protection under interna
tionallaw, when in fact the conduct is a ruse to gain
an advantage . Acts of perfidy include feign ing an
intent to negotiate under a flag of truce, or feigning
protected status by using signs, emblems, or uniforms
of the United Nations or of a neutral country.
per formam doni (par for-mam doh-nr). [Law Latin]
By the form of the gift; by the designation of the giver
rather than by operation oflaw.
performance, n. (16c) 1. The successful completion of
a contractual duty, usu. resulting in the performer's
release from any past or future liability; EXECUTION
(2). Also termed full performance. Cf. NONPERFOR
MANCE; MISPERFORMA~CE. [Cases: Contracts
275.]
defective performance. (1832) A performance that,
whether partial or full, does not wholly comply with
the contract. One example is late performance.
[Cases: Contracts C::='280(1), 302.]
future performance. (17c) Performance in the future
of an obligation that will become due under a
contract.
misperformance. See MISPERFORMANCE.
nonperformance. See NONPERFORMANCE.
partperformance. (I8c) 1. The accomplishment of some
but not all ofone's contractual obligations. [Cases:
ContractsC::=> 319.] 2. A party's execution, in reliance
on an opposing party's oral promise, ofenough ofan
oral contract's requirements that a court may hold the
statute offrauds not to apply. [Cases: Frauds, Statute
ofC:::>129.]3. PART-PERFORMANCE DOCTRINE.
specific performance. See SPECIFIC PERFORMANCE.
substantial performance. (18c) Performance of the
primary, necessary terms of an agreement. See SUB
STANTIAL-PERFORMANCE DOCTRINE. [Cases: Con
tracts C::='293.]
vicarious performance. Performance carried by an
employee, agent, or other nominee.
"It is necessary ... to distinguish between assignment
of a contractual liability and vicarious performance of a
contract. Normally a person who contracts to do something
must do it himself. But in the case of a duty of performance
which involves no personal element, so that it does not
matter to the other party who does the promised act, so
long as it is done in accordance with the contract, the party
liable may do it by a servant or agent or other nominee.
This is not an assignment of the contractual liability, for

1253 perimere causam
the original contractor remains liable and if the deputy has
done the work badly it is not the deputy but the contractor
himself who is answerable to the other party." 2 Stephen's
Commentaries on the Laws of England 76-77 (L. Crispin
Warmington ed., 21st ed. 1950).
2. The equitable doctrine by which acts consistent with
an intention to fulfill an obligation are construed to
be in fulfillment of that obligation, even if the party
was silent on the point. 3. A company's earnings. 4.
The ability of a corporation to maintain or increase
earnings.
performance bond. 1. A bond given by a surety to ensure
the timely performance ofa contract. -In major inter
national agreements, performance bonds are typically
issued by banks, but sometimes also by insurance com
panies. The face amount ofthe bond is typically 2%
of the value ofperformance, but occasionally as much
as 5%. [Cases: Principal and Surety ~'59-87; Public
Contracts C=4S.)2. A third party's agreement to guar
antee the completion of a construction contract upon
the default of the general contractor. Also termed
completion bond; surety bond; contract bond. Cf. com
mon-law bond under BOND (2). [Cases: Principal and
SuretyC=82.)
nonoperative performance bond. A performance bond
that is not currently in effect but is activated upon
the issuance of the buyer's letter of credit or other
approved financing.
operative performance bond. A performance bond that
has been activated by the issuance ofthe buyer's letter
of credit or other approved financing. [Cases: Public
Contracts
revolvingperformance bond. A performance bond that
is in effect on a continuing basis for the duration of
the contract, usu. plus an additional number of days
(often 45).
up-front performance bond. A performance bond
given before the issuance ofthe buyer's letter ofcredit
or other financing.
performance bonus. See BONUS.
performance contract. See CONTRACT.
performance fund. See MUTUAL FUND.
performance plan. A bonus compensation plan in
which executives are paid according to the company's
growth.
performance right. A copyright holder's exclusive right
to recite, play, act, show, or otherwise render the pro
tected work publicly, whether directly or by technologi
cal means (as by broadcasting the work on television).
-Every public performance of a copyrighted work
requires authorization from the copyright owner or its
representative, unless a statutory ephemeral-rec


ed work
requires authorization from the copyright owner or its
representative, unless a statutory ephemeral-recording
exemption applies. -Also termed public-performance
right. [Cases: Copyrights and Intellectual Property C:::::o
36.]
performance shares. Stock given to an executive when
the corporation meets a performance objective. performance specification. See STATEMENT OF WORK.
performance stock. See glamour stock under STOCK.
per fraudem (par fraw-dam), adv. [Latin] By fraud;
fraudulently.
periculo petentis (p<l-rik-ya-Ioh pa-ten-tis). [Latin] Hist.
At the risk of the person seeking. - A private person
was liable in damages for a judicial warrant wrongfully
issued at that person's insistence.
"[AI creditor seeking a warrant for the apprehension of
his debtor as in meditatione fugae, obtains it periculo
petentis, and he, not the judge, will be liable in damages if
the debtor can show that the obtaining of the warrant and
the using of it were illegal." John Trayner, Trayner's Latin
Maxims 454 (4th ed. 1894).
periculosus (p<lr-ik-ya-Ioh-s<ls), adj. [Latin) Dangerous;
perilous.
periculum (p<J-rik-Y<J-I<Jm), n. [Latin) Civil law. Peril;
danger; risk. PI. pericula.
peril. (Be) 1. Exposure to the risk ofinjury, damage, or
loss <the perils oflitigation>.
inescapable peril. (1933) A danger that one cannot
avoid without another's help. See LAST-CLEAR
CHANCE DOCTRINE. [Cases: Negligence C=S30(l).)
2. Insurance. The cause of a risk ofloss to person or
property; esp., the cause ofa risk such as fire, accident,
theft, forgery, earthquake, flood, or illness <insured
against all perils>. Cf. RISK (3). [Cases: Insurance
2140,2219.)
peril ofthe sea. An action of the elements at sea ofsuch
force as to overcome the strength ofa well-founded ship
and the normal precautions of good marine practice.
- A peril ofthe sea may relieve a carrier from liability
for the resulting losses. -Also termed danger ofnavi
gation; danger ofriver; marine peril; marine risk; (in
regard to the Great Lakes) perils ofthe lakes; danger
ofthe sea. [Cases: Insurance (,.'-:J2220; Shipping C=
120.]
"Of the marine peri Is, by far the most im portant are
those 'of the seas'. What is covered is not any loss that
may happen on the sea, but fortuitous losses occurring
through extraordinary action of the elements at sea, or
any accident or mishap in navigation. By far the greatest
number of claims for marine loss, and of the insurance
problems connected with other topics treated in this book
arise under this clause. Extraordinary action of the wind
and waves is a sea peril. Collision, foundering, stranding,
striking on rocks and icebergs, are all covered under these
words. Even a swell from a passing ship may be a 'peril of
the sea'. On the other hand, ordinary wear and tear are not
included under the coverage of this or any other phrase
in the clause, nor are losses which are anticipatable as
regular incidents of sea carriage in general or of naviga
tion in a particular part of the world." Grant Gilmore &
Charles L. Black Jr., The Law ofAdmiralty  2-9, at 72-73
(2d ed. 1975).
perimere causam (pa-rim-;t-ree kaw-z<Jm). [Latin) Hist.
To put an end to the cause. -The phrase appeared in
reference to the legal effect ofa peremptory defense. See
peremptory defense under DEFENSE (1).

perinatal 1254
perinatal (per-i-nayt-dl), adj. Ofor relating to the period
from about the 12th week of gestation through the 28th
day oflife. Cf. NEONATAL.
per incuriam (pdf in.kyoor-ee-dm), adj. (Of a judicial
decision) wrongly decided, usu. because the judge or
judges were ill-informed about the applicable law.
'There is at least one exception to the rule of stare decisis,
I refer to judgments rendered per incuriam. A judgment
per incuriam is one which has been rendered inadver
tently. Two examples come to mind: first, where the judge
has forgotten to take account of a previous decision to
which the doctrine of stare decisis applies. For all the care
with which attorneys and judges may comb the case law,
errare humanum est, and sometimes a judgment which
clarifies a point to be settled is somehow not indexed, and
is forgotten, It is in cases such as these that ajudgment
rendered in contradiction to a previous judgment that
should have been considered binding, and in ignorance
of that judgment, with no mention of it, must be deemed
rendered per incuriam; thus, it has no authority., . The
same applies to judgments rendered in ignorance of leg
islation of which they should have taken account. For a
judgment to be deemed per incuriam, that judgment must
show that the legislation was not invoked," Louis-Philippe
Pigeon, Drafting and Interpreting Legislation 60 (1988),
"As a general rule the only cases in which decisions should
be held to have been given per incuriam are those of deci
sions given in ignorance or forgetfulness of some incon
sistent statutory provision or of some authority binding on
the court concerned, so that in such cases some features
of the decision or some step in the reasoning on which it is
based is found on that account to be demonstrably wrong.
This definition is not necessarily exhaustive, but cases not
strictly within it which can properly be held to have been
decided per incuriam, must in our judgment, consistently
with the stare decisis rule which is an essential part of our
law, be of the rarest occurrence." Rupert Cross &J.W. Harris,
Precedent in English Law 149 (4th ed. 1991).
perinde est ac si scriptum non esset (p<lr-in-dee est ak
51 skrip-t<lm non es-et). [Latin) Scots law. It is the same
as if it had not been written. _ A deed that failed to
convey the grantor's meaning adequately could not be
supplemented by extrinsic evidence and would be void
for uncertainty.
perinfortunium (pdr in-for-t[y)oo-nee-<lm), adj. or adv.
[Latin] By misadventure. _ At common law, when one
person killed another per infortunium, a conviction and
royal pardon were necessary even when there was no
fault, See homicide per infortunium under HOMICIDE.
"'t may seem strange to modern minds that for centuries it
was a rule of our law that a man who killed another either
by misadventure (per infortunium) or in reasonable self
defence (against an attack not itself felonious), although
he did not commit a felony, must yet be held guilty of
unlawful homicide and require the King's pardon if he
were to escape punishment, and even if granted pardon
would still be liable to suffer forfeiture of his property; and
that he was exposed to claims for compensation from the
family of the deceased;' J,W. Cecil Turner, Kenny's Outlines
ofCriminal Law 113 (l6th ed. 1952).
per insidias et industriam (pdr In-sid-ee-<ls et in-das
tree-dm), [Latin] Hist. By stratagem and on purpose;
intentionally.
periodic alimony. See permanent alimony under
ALIMONY.
periodic audit. See AUDIT. periodic estate. See periodic tenancy under TENANCY,
periodic payment. See PAYMENT.
periodic-payment-plan certificate. See STOCK CERTIFI
CATE.
periodic tenancy. See TENANCY.
period ofprescription. The period fixed by local law as
sufficient for obtaining or extinguishing a right through
lapse oftime. -In addition to a fixed number ofyears,
the period includes whatever further time is allowed by
local law because of infancy, insanity, coverture, and
other like circumstances. See PRESCRIPTIVE RIGHT;
PRESCRIPTION (3), (4), (5).
peripheral right. See RIGHT.
periphrasis (pd-rif-rJ-sis), n. (l6c) A roundabout way of
writing or speaking; circumlocution, periphrastic
(per-J-fras-tik), adj.
perishable-food-disparagement act. See AGRICUL
TL"RAL-DISPARAGEMENT LAW.
perjury (par-jJr-ee), n. (l4c) The act or an instance ofa
person's deliberately making material false or mislead
ing statements while under oath. -Also termed false
swearing; false oath; (archaically) forswearing. [Cases:
Perjury C=-1-12.) -perjure (p;)r-j<lr), vb. perjured
(p3r-j<lrd), perjurious (pdr-juur-ee-ds), adj. perjuror
(p3r-j<lr-<lr), n.
perjury-trap doctrine. (1989) The principle that a
perjury indictment against a person must be dismissed
if the prosecution secures it by calling that person as a
grand-jury witness in an effort to obtain evidence for a
perjury charge, esp. when the person's testimony does
not relate to issues material to the grand-jury's ongoing
investigation. [Cases: Perjury C=-1O, 15.]
perk, n. See PERQUISITE.
per legem terrae (p<lr lee-jJm ter-ee). [Law Latin] By the
law ofthe land; by due process oflaw.
Perlman doctrine. The principle that a discovery order
directed at a disinterested third party is immediately
appealable on the theory that the third party will not
risk contempt by refusing to comply. _ The doctrine
originated in Perlman v. United States, 247 US. 7, 13,
38 S.Ct. 417, 420 (1918). The Court reasoned that the
third party's ability to protect his or her rights would
be thwarted ifthe party could not appeal immediately.
[Cases: Criminal LawC=-1023(3); Federal CourtsC=
574.]
permanency hearing. See HEARING,
permanency plan. A proposed written strategy for the
eventual permanent placement ofa child who has been
removed from his or her parents. _ A permanency plan,
ideally, provides either for the child's safe return to one
or both parents or for the child's adoption. Ifneither of
these alternatives is possible, then the plan will provide
for long-term foster care, relative care, or guardianship.
Under the Adoption and Safe Families Act, long-term
foster care is the choice oflast resort. Also termed
permanent plan. [Cases: Infants 226.)

1255
permanency-planning hearing. See permanency hearing
under HEARING.
permanent abode. See DOMICILE (1).
permanent alimony. See ALIMONY.
permanent allegiance. See ALLEGIANCE.
permanent charge d'affaires. See CHARGE D'AFFAIRES.
permanent committee. See standing committee under
COMMITTEE.
permanent damages. See DAMAGES.
permanent disability. See DISABILITY (2).
permanent employment. See EMPLOYMENT.
permanent financing. See FINANCING.
permanent fixture. See FIXTURE.
permanent injunction. See INJUNCTION.
permanent injury. See INJURY.
permanent law. See LAW.
permanent nuisance. See NUISANCE.
permanent plan. See PERMANENCY PLAN.
permanent policy. See INSURANCE POLICY.
permanent protective order. See PROTECTIVE ORDER.
permanent statute. See perpetual statute under
STATUTE.
permanent taking. See TAKING (2).
permanent treaty. See TREATY (1).
permanent trespass. See TRESPASS.
permanent ward. See WARD.
per membra curiae (p;)r mem-br;) kyoor-ee-ee). [Law
Latin] Hist. By members of the court.
per metas et bundas (p;)r mee-t;)s et b;,n-d;)s). [Law
Latin] By metes and bounds.
per minas. See duress per minas under DURESS.
permissible appointee. See APPOINTEE.
permissihle-repair doctrine. See REPAIR DOCTRINE.
permission. (1Sc) 1. The act of permitting. 2. A license
or liberty to do something; authorization.
express permission. Permission that is clearly and
unmistakably granted by actions or words, oral or
written.
implied permission. 1. Permission that is inferred
from words or actions. 2. See implied consent under
CONSENT.
3. Conduct that justifies others in belieVing that the
possessor of property is willing to have them enter if
they want to do so. Cf. INVITATION.
permissive abstention. See ABSTENTION.
permissive counterclaim. See COUNTERCLAIM.
permissive inference. See permissive presumption under
PRESUMPTION.
permissive joinder. See TOINDER.
permissive presumption. See PRESUMPTION. per modum simp/icis querelae
permissive statute. See STATUTE.
permissive subject of bargaining. Labor law. An
employment or collective-bargaining issue, other than
a basic employment issue, that is not reqUired to be
the subject ofcollective bargaining but that cannot be
implemented by management without union approvaL
 For example, altering the scope ofthe bargaining unit


but that cannot be
implemented by management without union approvaL
 For example, altering the scope ofthe bargaining unit
does not affect a term or condition of employment, so
it is a permissive, instead of mandatory, subject of bar
gaining. Disagreement on a permissive subject ofbar
gaining cannot be used as the basis for an impasse in
negotiating a collective-bargaining agreement, unlike
a mandatory subject ofbargaining. Often shortened
to permissive subject. Cf. MANDATORY SUBJECT OF BAR
GAINING. [Cases; Labor and Employment c=::> 1126.]
permissive tenant. See tenant at sufferance under
TENANT.
permissive use. See USE (4).
permissive waste. See WASTE (1).
permit (p;,r-mit), n. (17c) A certificate evidencing per
mission; a license <a gun permit>.
permit (p<lr-mit), vb. (ISc) 1. To consent to formally
<permit the inspection to be carried out>. 2. To give
opportunity for <lax security permitted the escape>. 3.
To allow or admit of <if the law so permits>.
permit bond. See license bond under BOND (2).
permit card. Labor law. A document issued by a union
to a nonunion member to allow the person to work on
a job covered by a union contract.
permittee (p<lr-mi-tee). One who has permission to do
something.
subpermittee. A person who receives permission to act
from a permittee.
per mitter Ie droit (pdr mit-<lr Id droyt). [Law French]
Hist. By passing the right.  Ihis described how releases
became effective, as when a person disseised of land
released the estate to the disseisor, at which time the
right and possession combined to give the disseisor the
entire estate.
per mitter l'estate (p;)r mit-;)r l<l-stayt). [Law French]
Hist. By passing the estate. -This described the manner
in which a joint tenant's right to an entire estate arose
when the tenant received the remaining estate from the
other joint tenant.
per modum exceptionis (p;)r moh-d;)m ek-sep-shee-oh
nis). [Latin) Hist. By way of exception.
per modum gratiae (P<lf moh-d;)m gray-shee-ee). [Latin]
Hist. By way offavor.
per modum justitiae (P;)f moh-d<lm jds-tish-ee-ee).
[Latin] Hist. By way ofjustice.
per modum poenae (p<lr moh-d;)m pee-nee). [Latin] Hist.
By way ofpenalty.
per modum simplicis querelae (P;)f moh-d;)m sim
pH-sis kw;)-ree-lee). [Law Latin] Scots law. By way of

1256 permutatio
simple complaint.  Some actions could be brought by
a complaint unaccompanied by formal summons.
permutatio (p;n-myoo-tay-shee-oh), n. [Latin
"exchange"] Roman law. An agreement for barter or
exchange. The agreement became binding as soon
as one party had transferred ownership of his thing
to the other. PI. permutationes (pi3r-myoo-tay-shee
oh-neez).
permutation. Civil law. Barter; exchange.
per my etper tout (p<lr mee ay p<lr too[t]). [Law French]
By the half and by the whole . This phrase described
the estate held by joint tenants: by the hallfor purposes
ofsurvivorship, by the whole for purposes ofalienation.
Cf. PER TOUT ET NON PER MY. [Cases: Joint Tenancy
pernancy (p;lr-n;m-see). Hist. A taking or reception, as
of the profits ofan estate.
pernor of profits (p<lr-n;}r or -nor). Hist. A person
who receives the profits of property; one who has the
pernancy of the profits.
perp (pi3rp), n. Slang. Perpetrator <the police brought in
the perp for questioning>. See PERPETRATOR.
perpars (p<lr-pahrz). [Law Latin, fr. Latin per partes "by
parts"] See PURPART.
perparts. See PURPART.
perpetrate, vb. (16c) To commit or carry out (an act,
esp. a crime) dind whoever perpetrated this heinous
deed>. perpetration, n.
perpetrator. (16c) A person who commits a crime or
offense.
perpetua (p;}r-pech-oo-i3). See exceptio peremptoria
under EXCEPTIO.
perpetual bond. See annuity bond under BOND (3).
perpetual edict. See edictum perpetuum under
EDICTUM.
perpetual freehold. See FREEHOLD.
perpetual injunction. See permanent injunction under
INJUNCTION.
perpetual lease. See LEASE.
perpetually renewable lease. See LEASE.
perpetual policy. See INSURANCE POLICY.
perpetual statute. See STATUTE.
perpetual succession. See SUCCESSION (4).
perpetual trust. See TRUST.
perpetuation of testimony. The means or procedure for
preserving for future use witness testimony that might
otherwise be unavailable at trial. [Cases: Federal Civil
Procedure Pretrial Procedure C=>61.]
perpetuities, rule against. See RULE AGAINST PERPE
TUITIES.
perpetuity (p<lr-pa-t[y]oo-;}-tee). 1. The state ofcontinu
ing forever. 2. Hist. An unbarrable entail. 3. Hist. An
inalienable interest. 4. An interest that does not take effect or vest within the period prescribed by law. In
reference to the rule against perpetuities, only sense 4 is
now current. See RULE AGAINST PERPETUITIES. [Cases:
Perpetuities
"A perpetuity is a thing odious in law, and destructive of
the Commonwealth; it would put a stop to commerce and
prevent the circulation of the riches of the Kingdom, and
therefore is not to be countenanced in equity. If in equity
you could come nearer to a perpetuity than the rules of
Common Law would admit, all men being desirous to
continue their estates in their families, would settle their
estates by way of trust which might indeed make well for
the jurisdiction of the court, but would be destructive of
the commonwealth. (1683) 1 Vern. 163 (per Lord North)
(as quoted in George W. Keeton, English Law: The Judicial
Contribution 118 (1974)).
perpetuity of the king or queen. A fiction of English
law that for political purposes the king or queen is
immortal; that is, a monarch dies, but the office is never
vacant.
per procurationem (pi3r prok-ya-ray-shee-oh-nam).
[Latin] By proxy. Abbr. per pro.; p. proc.; p. pro.;
p.p. Also termed per procuration.
perp walk. Slang. The act ofmaking a suspect in custody
walk before an audience, esp. members of the media .
Perp is short for perpetrator.
per quae servitia (pi3r kwee sJr-vish-ee-J). [Latin "by
which services"] Hist. A real action by which the
grantee of a landed estate could compel the tenants of
the grantor to attorn to him. 1his action was abol
ished in the 19th century.
perquisite (p;u-kwi-zit). (16c) A privilege or benefit given
in addition to one's salary or regular wages. -Often
shortened to perk. [Cases: Officers and Public Employ
eesC=>99.]
perquisitor (pi3r-kwiz-i3-ti3r). [Latin "a seeker out"] Hist.
A purchaser; esp., one who first acquires an estate by
sale or gift.
per quod (par kwod), adv. & ad). [Latin "whereby"]
(17c) Requiring reference to additional facts; (of libel
or slander) actionable only on allegation and proof
of special damages. See actionable per quod under
ACTIONABLE; libel per quod under LIBEL; slander per
quod under SLANDER. [Cases: Libel and Slander Cr--=
1,33.]
per quod consortium amisit (p;}r kwod bn-sor
shee-<lm i3-mI-zit). [Law Latin] Hist. Whereby he lost
the company (of his Wife). This phrase was used in
a trespass declaration to describe the loss suffered by
a husband whose wife had been beaten or otherwise
abused. [Cases: Husband and Wife C=>209(3).J
per quod servitium amisit (p;}r kwod s;}r-vish-ee-i3m
i3-mI-zit). [Law LatinJ Hist. Whereby he lost the services
(of his servant) . This phrase was used in a trespass
declaration to describe the loss suffered by a master
whose servant had been injured by another. [Cases:
Labor and Employment Cr"::) 127.]

1257
per rescriptum principis (p~r ri-skrip-t~m prin-si
pis). [Latin] Roman law. By the prince's rescript; by an
imperial written reply to a petition.
Perringer release. See Pierringer release under RELEASE
(2).
persaltum (p~r sal-t~m). [Latin] Hist. Bya leap; without
an intermediate step.
per se (pdr say), adv. & adj. [Latin] (16c) 1. Of, in, or by
itself; standing alone, without reference to additional
facts. See actionable per se under ACTIONABLE; libel per
se under LIBEL; slander per se under SLANDER. 2. As a
matter oflaw.
persecutio (p~r-sd-kyoo-shee-oh), n. [Latin] Roman law.
A lawsuit or civil claim under cognitio extraordinaria.
See COGNITIO EXTRAORDINARIA. Pl. persecutiones
(pdr-s~-kyoo-shee-oh-neez).
persecution, n. Violent, cruel, and oppressive treatment
directed toward a person or group ofpersons because of
their race, religion, sexual orientation, politics, or other
beliefs. See hate crime under CRIME. persecute, vb.
per se deadly weapon. See deadly weapon per se under
WEAPON.
persequi (p;,}r-s~-kwI), vb. [Latin] Roman law. To claim
through a judicial proceeding.
per se rule. Antitrust. The judicial principle that a trade
practice violates the Sherman Act simply ifthe practice
is a restraint oftrade, regardless ofwhether it actually
harms anyone. See SHERMAN ANTITRUST ACT. Cf. RULE
OF REASON.
per se violation. Antitrust. A trade practice (such as
price-fixing) that is considered inherently anticom
petitive and injurious to the public without any need
to determine whether it has actually injured market
competition.
persistent price discrimination. See PRICE DISCRIMI
NATION.
person. (Be) 1. A human being. Also termed natural
person.
absent person. Louisiana law. A person who has no rep
resentative in the state and whose whereabouts are not
known and cannot be ascertained by diligent effort.
La. Civ. Code art. 47. [Cases: Absentees C=>2.J
adult disabled person. A child over the age of 18 for
whom a parent continues to have a duty of support.
associated person. See ASSOCIATED PERSON.
disabled person. (1872) A person who has a mental or
physical impairment. See DISABILITY.
disappeared person. See DISAPPEARED PERSON.
displaced person. A person who remains within an
internationally recognized state border after being
forced to flee a home or place of habitual residence
because of armed conflict, internal strife, the gov
ernment's systematic violations ofhuman rights, or
a natural or man-made disaster. -Also termed inter-person
nally displaced person. Cf. EVACUEE; REFUGEE. [Cases:
Aliens, Immigration, and Citizenship C=>S04.,
interested person. (1844) A person having a property
right in or claim against a thing, such as a trust or
decedent's estate. -The meaning may expand to
include an entity, such as a business that is a creditor
of a decedent. Abbr. IP.
person in loco parentis (in loh-koh p;J-ren-tis). (1827)
A person who acts in place of a parent, either tem
porarily (as a schoolteacher does) or indefinitely (as
a stepparent does); a person who has assumed the
obligations of a parent without formally adopting
the child. See IN LOCO PARENTIS. [Cases: Parent and
Child (;:::> IS.}
person in need ofsupervision. See child in need of
supervision under CHILD. Abbr. PINS.
person not deceased. A person who is either living or
has not yet been born.
person ofincidence. (1880) The person against whom
a right is enforceable; a person who owes a legal duty.
-The meaning may expand to include an entity, such
as an insurance company.
person ofinherence (in-heer-~nts). (1909) The person
in whom a legal right is vested; the owner ofa right.
The meaning may expand to include an entity.
person ofinterest. A person who is the subject of a
police investigation but who has not been identified
by investigators as being suspected ofcommitting the
crime itself.
person ofopposite sex sharing living quarters. See
POSSLQ.
person with ordinary skill in the art. See PERSON WITH
ORDINARY SKILL IN THE ART.
private person. 1. A person who does not hold public
office or serve in the military. 2. Civil law. An entity
such as a corporation or partnership that is governed
by private law.
protected person. 1. A


. An entity
such as a corporation or partnership that is governed
by private law.
protected person. 1. A person for whom a conserva
tor has been appointed or other protective order has
been made. [Cases: Guardian and Ward 17;
Mental Health 104.] 2. Int'llaw. A person who
is protected by a rule ofinternational law; esp., one
who is in the hands of an occupying force during a
conflict.  Protected persons are entitled to a standard
oftreatment (including a prohibition on coercion and
corporal punishment) under the Geneva Conven
tion Relative to the Protection of Civilian Persons in
Time of War (1949). 3. English law. An inhabitant of
a protectorate ofthe United Kingdom . Though not
a British subject, such a person is given diplomatic
protection by the Crown.
2. The living body ofa human being <contraband found
on the smuggler's person>. 3. An entity (such as a cor
poration) that is recognized by law as having most of
the rights and duties ofa human being. In this sense,
the term includes partnerships and other associations,
whether incorporated or unincorporated.

1258 persona
"So far as legal theory is concerned, a person is any being
whom the law regards as capable of rights and duties. Any
being that is so capable is a person, whether a human being
or not, and no being that is not so capable is a person,
even though he be a man. Persons are the substances of
which rights and duties are the attributes. It is only in this
respect that persons possess juridical significance, and
this is the exclusive point of view from which personality
receives legal recognition." John Salmond, Jurisprudence
318 (Glanville L Williams ed., 10th ed. 1947).
artificial person. (17c) An entity, such as a corpora
tion, created by law and given certain legal rights and
duties of a human being; a being, real or imaginary,
who for the purpose oflegal reasoning is treated more
or less as a human being . An entity is a person for
purposes of the Due Process and Equal Protection
Clauses but is not a citizen for purposes of the Privi
leges and Immunities Clauses in Article IV  2 and in
the Fourteenth Amendment -Also termed fictitious
person; juristic person; juridical person; legal person;
moral person. Cf. LEGAL ENTITY. [Cases: Corporations
(::::;> 1.1(2).]
control person. See CONTROL PERSON.
fictitious person. See artificial person.
international person. See INTERNATIONAL PERSON.
juridical person. See artificial person.
juristic person. See artificial person.
legal person. See artificial person.
moral person. See artificial person.
private person. See private person (2) under PERSON
(1).
persona (pdr-soh-nd), n. [Latin] Roman law. A person;
an individual human being.
persona designata (pdr-soh-nd dez-ig-nay-td). [Latin]
A person considered as an individual (esp. in a legal
action) rather than as a member ofa class.
persona dignior (pdr-soh-nd dig-nee-or). [Latin] Hist.
The more worthy or respectable person; the more
fitting person.
persona ficta (pdr-soh-nd fik-td). [Latin "false mask"]
Hist. A fictional person, such as a corporation.
"But units other than individual men can be thought of as
capable of acts, or of rights and liabilities: such are Cor
porations and even Hereditates lacentes. Accordingly the
way is clear to apply the name of person to these also. The
mediaeval lawyers did so, but as they regarded Corpora
tions as endowed with personality by a sort of creative act
of the State, and received from the Roman lawyers the con
ception of the hereditas iacens as representing the persona
of the deceased rather than as itself being a person, they
called these things Personae Fictae, an expression not used
by the Romans." WW. Buckland, Elementary Principles of
the Roman Private Law 16 (1912).
persona grata. See PERSONA GRATA.
persona illustris (pdr-soh-nd i-Ids-tris). [Latin] Hist. A
person ofdistinction.
persona miserabilis (pdr-soh-nd miz-d-rab-d-lis).
[Latin "a pitiable person"] Roman law. An unfortu
nate person, esp. because of age, illness, or status . A persona miserabilis received certain privileges in
litigation.
persona moralis (pdr-soh-nd md-ray-lis). [Latin] A col
lective entity that, by law or custom, is recognized as
an artificial person (e.g., a church or corporation). See
artificial person under PERSON (2).
persona nasciturus (pdr-soh-nd nas-d-t[y]oor-ds or
-t[y]3r-Js). [fro Latin nascor"to be born"] Roman law.
An unborn child. -Sometimes shortened to nasci
turus.
persona non grata. See PERSONA NON GRATA.
persona praedilecta (pdr-soh-nd pree-dd-Iek-tJ). [Law
Latin] Scots law. A preferred person.
"This phrase signifies one person who, among others
appointed with him as colleagues in some office, enjoys
the confidence and esteem ofthe person appointi ng, more
than those appointed with him. Thus a testator not unfre
quently appoints among his trustees one who shall be a
sine qua non -that is, one whose concurrence and consent
shall be indispensable to every act of administration under
the trust. Such a trustee falls within the description of a
persona praedilecta." John Trayner, Trayner's Latin Maxims
456 (4th ed. 1894).
persona standi in judicio. See PERSONA STANDI IN
JUDICIO.
personable, adj. (16c) Having the status ofa legal person
(and thus the right to plead in court, enter into con
tracts, etc.) <a personable entity>.
person aggrieved. See aggrieved party under PARTY
(2).
persona grata (pdr-soh-nd gray-td orgrah-td or grat-d),
n. [Latin] An acceptable person; esp., a diplomat who is
acceptable to a host country. PI. personae gratae (pdr
soh-nee gray-tee or grah-tee or grat-ee). Cf. PERSONA
NON GRATA.
personal, adj. (14c) 1. Ofor affecting a person <personal
injury>. 2. Of or constituting personal property
<personal belongings>. See IN PERSONAM.
personal action. See ACTION (4).
personal asset. See ASSET.
personal bond. See BOND (2).
personal-capacity suit. See SUIT.
personal chattel. See chattel personal under CHATTEL.
personal check. See CHECK.
personal-comfort doctrine. The principle that the
course of employment is not interrupted by certain acts
relating to the employee's personal comfort, typically
short breaks for eating, drinking, using the restroom,
and the like. -Also termed personal-comfort rule.
personal-condition crime. See status crime under
CRIME.
personal contract. See CONTRACT.
personal covenant. See COVENANT (4).
personal crime. See CRIME.
personal defense. See DEFENSE (4).

1259
personal demand. See DEMAND (3).
personal effects. See EFFECTS.
personal estate. See personal property (1) under
PROPERTY.
personal evidence. See TESTIMONY.
personal exemption. See EXEMPTION.
personal goodwill. See GOODWILL.
personal history. An individual's background; the par
ticular experiences and events that shape a person's
life.
personal holding company. See COMPANY.
personal-holding-company tax. See holding-company
tax under TAX.
personali exceptione (p"r-s,,-nay-lr ek-sep-shee-oh-nee).
[Latin] Rist. By personal exception; by an exception
based on personal reasons. -Also termed personali
objectione ("b-jek-shee-oh-nee).
personal income. See INCOME.
personal indignity. See INDIGNITY.
personal injury. See INJURY.
personalis actio (pClr-s<:I-nay-lis ak-shee-oh). [Latin] Rist.
A personal action; an action in personam.
personaliter (p"r-s<:I-nay-hHClr), adv. [Latin] Personally;
in person.
personality. (1870) 1. The legalstatus ofone regarded by
the law as a person; the legal conception by which the
law regards a human being or an artificial entity as a
person. Also termed legal personality.
"Legal personality ... refers to the particular device by
which the law creates or recognizes units to which it
ascribes certain powers and capacities." George Whitecross
Paton, A Textbook ofJurisprudence 393 (G.w. Paton & David
P. Derham eds., 4th ed. 1972).
2. Parliamentary law. (usu. pl.) An improper refer
ence to a member by name or in his or her personal
capacity.
"No person in speaking, is to mention a member then
present by his name; but to describe him by his seat in
the house, or who spoke last, or on the other side of the
question, nor to digress from the matter to fall upon the
person, by speaking, reviling, nipping, or unmannerly
words against a particular member. The consequences
of a measure may be reprobated in strong terms; but to
arraign the motives of those who propose or advocate it,
is a personality, and against order." Thomas Jefferson, A
Manual of Parliamentary Practice 36-37 (1801) (citations
omitted).
personality theory. Intellectual property. A rational
ization ofintellectual-property laws, esp. copyright,
draWing on the philosophy of G.w.F. Hegel, holding
that personal expression is a form ofself-actualization
that gives the creator inalienable moral rights in the
creations . As a way ofanalyzing intellectual-property
rights, personality theory takes the pOint of view of
the individual inventor, author, or artist rather than
that ofsociety as a whole. Cf. LOCKEAN LABOR THEORY;
UTILITARIANISM. personal service
personal judgment. See JUDGMENT.
personal jurisdiction. See JURISDICTION.
personal justice. See JUSTICE (1).
personal knowledge. See KNOWLEDGE.
personal law. (lSc) The law that governs a person's family
matters, usu. regardless ofwhere the person goes . In
common-law systems, personal law refers to the law of
the person's domicile. In civil-law systems, it refers to
the law ofthe individual's nationality (and so is some
times called lex patriae). Cf. TERRITORIAL LAW.
"The idea of the personal law is based on the conception
of man as a social being, 50 that those transactions of
his daily life which affect him most closely in a personal
sense, such as marriage, divorce, legitimacy, many kinds
of capacity, and succession, may be governed universally
by that system of law deemed most SUitable and adequate
for the purpose .... [Ajlthough the law of the domicile
is the chief criterion adopted by English courts for the
personal law, it lies within the power of any man of full
age and capacity to establish his domicile in any country
he chooses. and thereby automatically to make the law of
that country his personal law." R.H. Graveson, Conflict of
Laws 188 (7th ed. 1974).
personal liability. See LIABILITY.
personal liberty. See LIBERTY.
personal name. See NAME.
personal notice. See NOTICE.
personal ohligation. See OBLIGATION.
personal privilege. See PRIVILEGE (5).
personal property. See PROPERTY.
personal-property tax. See TAX.
personal recognizance. See RECOGNIZANCE.
personal replevin. See REPLEVIN.
personal representative. See REPRESENTATIVE.
personal reputation. See REPUTATION.
personal-residence trust. See TRUST.
Personal Responsibility and Work Opportunity Rec
onciliation Act. A 1996 federal law that overhauled the
welfare system, as well as requiring states to provide a
means for collecting child support by (1) imposing liens
on a child-support obligor's assets, and (2) facilitating
income-withholding . The Act did away with Aid to
Families with Dependent Children in favor ofTem
porary Assistance to Needy Families. It also limited
the length of time that persons could receive welfare
and tied states' receipt offederal child-support funds
to their implementing enhanced paternity-establish
ment services. Also termed Welfare Reform Act. See
AID TO FAMILIES WITH DEPENDENT CHILDREN; TEM
PORARY ASSISTANCE TO NEEDY FAMILIES. -Abbr.
PRWORA. [Cases: Social Security and Public Welfare
194.]
personal right. See RIGHT.
personal security. See SECURITY.
personal service. (l6c) 1. Actual delivery of the notice
or process to the person to whom it is directed. -Also

1260 personal servitude
termed actual service. [Cases: Federal Civil Procedure
Process <::--=48,64.]2. An act done personally
by an individuaL. In this sense, a personal service is
an economic service involving either the intellectual or
manual personal effort ofan individual, as opposed to
the salable product ofthe person's skill.
personal servitude. See SERVITUDE (2).
personal statute. See STATUTE.
personal suretyship. See SURETYSHIP.
personal tithe. See TITHE.
personal tort. See TORT.
personal treaty. See TREATY (1).
personal trust. See private trust under TRUST.
personalty (pars-;m-dl-tee). (


1).
personal trust. See private trust under TRUST.
personalty (pars-;m-dl-tee). (I6c) Personal property as
distinguished from real property. See personal property
(1) under PROPERTY. [Cases: Property C::>4.]
quasi-personalty. Things that are considered movable
by the law, though fixed to real property either
actually (as with a fixture) or fictitiously (as with a
lease for years).
personal warrandice. See WARRANDICE.
personal warranty. See WARRANTY (2).
personal wrong. See WRONG.
personam. See IN PERSONAM.
persona miserabilis. See PERSONA.
persona moralis. See PERSONA.
persona nasciturus. See PERSONA.
persona non grata (p;n-sohn-a non grah-da), n. [Latin]
An unwanted person; esp., a diplomat who is not
acceptable to a host country. PI. personae non gratae.
Cf. PERSONA GRATA.
persona praedilecta. See PERSONA.
persona proposita. See PROPOSITUS.
persona standi in judicio (pdf-soh-na stan-dI in joo
dish-ee-oh). [Law Latin] 1. Capacity of standing in
judgment; the right to appear in court. 2. One with
personal standing to vindicate a legal right
"What persona standi may be more easily learned by
considering the loss of by civil death or outlawry ...
But there are others besides outlaws who have no persona
standi. A pupil cannot pursue or defend; that must be done
by his tutor in his name. And companies, as such, have not
a persona standi . ... Persona standi applies to the status
of the person, as qualified to pursue or defend in actions
generally; title to pursue applies to particular actions, and
requires, in addition to a persona standi, that the party have
a proper legal interest in the particular action pursued or
defended.'" William Bell, Bell's Dictionary and Digest of the
Law ofScotland 800 (George Watson ed., 7th ed. 1890).
personation. See IMPERSONATION.
person-endangering state of mind. (1990) An intent
to kill, inflict great bodily injury, act in wanton disre
gard of an unreasonable risk to others, or perpetrate
a dangerous felony. Also termed man-endangering
state ofmind.
person in loco parentis. See PERSON (1). person in need ofsupervision. See child in need ofsuper
vision under CHILD. Abbr. PINS.
person not deceased. See PERSON (1).
person ofinddence. See PERSON (1).
person ofinherence. See PERSON (1).
person ofinterest. See PERSON (1).
person of opposite sex sharing living quarters. See
POSSLQ.
person with ordinary skill in the art. Patents. A fic
tional construct of the patent laws, denoting someone
who has reasonably developed abilities in the field of
the invention at issue . The patent application must
be clear and complete enough to teach a person skilled
in the art how to make and use the invention without
undue experimentation. [Cases: Patents 16(3).]
"The term 'person skilled in the art .. .' has been inter
preted to mean a person having ordinary or fair informa
tion in that particular line, not necessarily a person of
high scientific attainments. The skill or knowledge to be
imputed to such a person will vary with the complexity of
the art to which the invention relates." Archie R. McCrady,
Patent Office Practice 61 (2d ed. 1946).
per stirpes (p<lr star-peez), adv. & adj. [Latin "by roots
or stocks"] (17c) Proportionately divided between
beneficiaries according to their deceased ancestor's
share. Also termed in stirpes; per stirpem. Cf. PER
CAPITA. [Cases: Descent and Distribution C::>43; Wills
C=o530.]
persuade, vb. To induce (another) to do something
<Steve persuaded his neighbor to sign the release after
the accident>.
persuaded confession. See CONFESSION.
persuasion. (14c) The act of influencing or attempting
to influence others by reasoned argument; the act of
persuading.
fair persuasion. Argument, exhortation, or persuasion
that does not involve harassment, threats, or misrep
resentations.
persuasion burden. See BURDEN OF PERSUASION.
persuasive authority. See AUTHORITY (4).
persuasive memorandum. See MEMORANDUM.
persuasive precedent. See PRECEDENT.
per subsequens matrimonium (p<lr sab-s<l-kwenz
ma-trd-moh-nee-<lm). [Latin] Roman & civil law. By
subsequent marriage . The phrase often referred to a
child's legitimation by the later marriage ofthe child's
parents.
per tacitam reconventionem (p<lr taS-<l-t<lm ree-bn
ven-shee-oh-nam). [Latin] Hist. Bya tacit renewal of
the contract.
per tacitam relocationem (P<lf taS-<l-tam ree-loh-kay
shee-oh-ndm). [Latin] Hist. By tacit relocation. See
TACIT RELOCATION.
pertain, vb. To relate to; to concern.

1261 petition
pertinent, adj. (lSc) Pertaining to the issue at hand;
relevant <pertinent testimony>.
pertinent art. 1. See analogous art under ART. 2. See
relevant art under ART.
per totam curiam (p;}r toh-t<lm kyoor-ee-;}m). [Law
Latin] By the whole court.
per tout et non per my (p<lr too[tJ ay non p<lr mee). [Law
French] By the whole and not by the half. _ This phrase
described the estate given to a husband and wife
both are seised of the entire estate. Cf. PER MY ET PER
TOUT.
perturbator (par-t<lr-bay-t<lr). [Law Latin] Hist. A person,
esp. a man, who disturbs the peace.
perturbatrix (p<lr-t<lr-bay-triks), n. [Law LatinJ Hist. A
woman who disturbs the peace.
per universitatem (p<lr yoo-n;}-v<lr-s<l-tay-tam). [LatinJ
Civil law. By an aggregate or whole; as an entirety. _
This term describes the acquisition ofan entire estate,
esp. ofan entire inheritance by universal succession.
per venditionis, donation is, cession is, vel commutatio
nis titulum (p<lf ven-dish-ee-oh-nis, doh-nay-shee-oh
nis, sesh-ee-oh-nis, vel kom-y,Hay-shee-oh-nis tich-[yJ
;}-l<lm). [Law Latin] Hist. By the title ofsale, donation,
cession, or barter.
"Per venditionis, donation is, cession is, vel commutationis
titulum .... These terms were used in the older forms of
conveyancing, to distinguish lands so acquired from lands
acquired either by inheritance or feudal grant. They signify
what is now known by the name of a singular title." John
Trayner, Travner's Latin Maxims 452 (4th ed. 1894.).
per verba de futuro. By words in the future tense.
per verba de futuro cum copula. [Latin1A promise of
marriage in the future given to a person with whom the
promisor is currently engaged in a sexual relationship.
- A few states recognize the formation of a common
law marriage under these circumstances. See common
law marriage under MARRIAGE (1). [Cases: Marriage
G=;>20(2).]
per verba de praesenti. By words in the present tense.
perverse verdict. See VERDICT.
per vim legis (p<lr vim lee-jis). [Latin] Hist. By force of
law. -The phrase generally referred to persons who
succeeded by intestacy to an estate.
pervise. See PARVIS.
per vivam vocem (p;}r VI-V<lm voh-s<lm). [Law Latin] By
the living voice.
per voluntatem hominis (p;}r vol-an-tay-tdm hom-<l-nis).
[Latin] Hist. By the will ofman. -The phrase appeared
in reference to an act done by the testator's intention.
pessima fides (peS-;}-md fI-deez). [LatinJ Hist. The worst
faith. -The phrase appeared in reference to moral dis
honesty.
pessimi exempli (peS-<l-mI eg-zem-plr). [Latin] Hist. Of
the worst example.
"Thus, to acquit a man of a crime because he had commit
ted it under the influence of drink, or to allow anyone to take benefit under a contract induced by his fraud, would
be pessimi exempli, as tending to lead others to be dishon
est or unfair in their dealings, or to be careless of their
habits or their acts." John Trayner, Trayner's Latin Maxims
457 (4th ed. 1894).
petens (pet-enz). [LatinJ Hist. A demandant; a plaintiff
in a real action.
peter-pence. Hist. A tax levied on each house in England
and paid to the Pope, so called because it was collected
on St. Peter's Day. -Also termed hearth money.
petit (pet-ee or pet-it), adj. [Law French "minor, small"]
(lSc) See PETTY.
petit cape. See cape parvum under CAPE.
petite assize. See ASSIZE (5).
Petite policy. Ihe Department ofJustice rule forbidding
a federal prosecution after a previous state or federal
prosecution based on the same acts unless (1) an Assis
tant Attorney General has approved the prosecution,
(2) a substantial federal interest supports the prosecu
tion, (3) the previous prosecution failed to vindicate the
federal interest, and (4) there is sufficient evidence to
sustain a conviction. United States Attorneys' Manual
 9-2.031 (Sept. 1997); Petite v. United States, 361 U.S.
529, 80 S.Ct. 450 (1960). [Cases: Criminal Law
29.J
"('Petite Policy') .... The purpose of this policy is to vin
dicate substantial federal interests through appropriate
federal prosecutions, to protect persons charged with
criminal conduct from the burdens associated with multiple
prosecutions and punishments for substantially the same
act(s) or transaction(s), to promote efficient utilization of
Department resources, and to promote coordination and
cooperation between federal and state prosecutors." United
States Attorneys' Manual  9-2.031 (Sept. 1997).
"In response to the Court's continuing sensitivity to the
fairness implications of the mUltiple prosecution power,
the Justice Department adopted the policy of refusing to
bring a federal prosecution following a state prosecution
except when necessary to advance compelling interests of
federal law enforcement. The Petite policy was designed to
limit the exercise of the power to bring successive prosecu
tions for the same offense to situations comporting with
the rationale for the existence of that power. Although
not constitutionally mandated, this Executive policy
serves to protect interests which, but for the 'dual sover
eignty' prinCiple inherent In our federal system, would be
embraced by the Double Jeopardy Clause. In light of the
parallel purposes of the Government's Petite policy and
the fundamental constitutional guarantee against double
jeopardy, the federal courts should be receptive, not cir
cumspect, when the Government seeks leave to implement
that policy." Rinaldi v. United States, 434 U.S. 22, 28-29, 98
S.Ct. 81, 85 (1977) (citation omitted).
petitio (p<l-tish-ee-oh), n. [Latin]!. Civil law. A plain
tiff's suit, esp. in an action in rem. 2. Hist. A petition
or demand; esp., a count in a real action.
petition, n. (lSc) 1. A formal written request presented
to a court or other official body.
bankruptcy petition. See voluntary petition.
certiorari petition. A petition seeking discretionary
review from an appellate court. See CERTIORARI.
[Cases: Certiorari G=;>42; Federal Courts
debtor's petition. See voluntary petition.

involuntary petition. (1868) A petition filed in a bank
ruptcy court by a creditor seeking to declare a debtor
bankrupt. -This petition may be filed only under
Chapter 7 or Chapter 11 of the Bankruptcy Code.
[Cases: Bankruptcy (:::::>2290.)
juvenile petition. (1945) A juvenile-court petition
alleging delinquent conduct by the accused. -The
accusations made in a juvenile petition are sometimes
tried in an adjudication hearing. See adjudication
hearing (3) under HEARING. [Cases: Infants (:::::> 197.)
petition for probate. A written application by which a
party requests that a court admit a will to probate.
petition in error. See APPEAL (1).
voluntary petition. (1842) A petition filed with a bank
ruptcy court by a debtor seeking protection from
creditors. Also termed bankruptcy petition; debtor's
petition. [Cases: Bankruptcy (:::::>2257.)
2. In some states, the first pleading in a lawsuit; COM
PLAINT. [Cases: Pleading C=38.5.] 3. Patents. A patent
applicant's request to a patent office's administrative
head for supervision of a procedural or jurisdictional
matter related to the patent application. petition,
vb.
petition de droit. See PETITION OF RIGHT.
petitioner