precedent a past court case decision that is used as an authority or reference for deciding future cases.
prejudice having a bias in favor of one of the parties in a lawsuit. Also, a preconceived notion of guilt or innocence concerning a party without knowing the facts.
premeditation thinking over something beforehand, an element distinguishing murder from manslaughter.
presentment a written accusation made by a grand jury stemming from its own investigation.
presumption a supposition; a strong probability.
presumption of innocence the principle that the accused is presumed innocent until proven guilty.
priest-penitent privilege the privilege granted to a priest, rabbi, or minister to keep confidential any confessions of a church member unless the church member consents otherwise.
probable cause the required element in a legal search and seizure or in an arrest.
pro bono publico for the public welfare. Most often refers to an attorney representing a case without compensation. A pro bono case.
prosecution the carrying out of a suit in court. Also, the party filing the suit.
prosecutor the person or public official who conducts a prosecution.
prurient interest a shameful interest in sex and nudity. public defender a government-appointed attorney who defends those unable or unwilling to hire their own attorney.
puffing the extravagant claims made by salespeople concerning their wares, generally not acceptable as a representation of fact or as the basis for fraud.
purloin to steal.
psychotherapist-patient privilege the privilege of a psychiatrist or psychologist to keep all forms of communication from a patient confidential unless the patient consents otherwise.
quid pro quo compensation; something for something.
racketeering obtaining money through fraud or extortion or through a conspiracy to commit fraud or extortion.
raised check a check whose original amount has been altered.
real evidence any object, such as a murder weapon or photograph, that can be examined and used as evidence in court. Also known as demonstrative evidence.
reasonable doubt in a criminal trial, the doctrine describing the degree of certainty a juror must have concerning evidence in order to return a guilty verdict against the accused. He must be certain beyond a reasonable doubt.
rebuttal evidence any evidence that contradicts or counteracts other evidence.
recidivist a habitual offender.
recusal the disqualification of a judge or jury due to conflict of interest, bias, or prejudice.
rejoinder the defendant's answer in response to the plaintiff's reply or replication.
remittitur a reduction of a jury's excessive verdict, made by the judge. Opposite of additur.
replication the plaintiff's reply to the defendant's answer.
rescue doctrine a doctrine holding that a negligent person causing an injury to someone is also liable for any injury that befalls the rescuer of a victim during a rescue attempt.
respondeat superior let the superior reply. A doctrine holding that an employer is liable for damages caused by an employee in the course of his duties.
restraining order similar to an injunction but issued without a hearing.
retainer an advance payment to an attorney for services.
retreat, duty to in some jurisdictions, the duty to flee a threatening situation as opposed to defending oneself by injuring another, generally not applicable in one's own home, however.
scienter knowingly. "Guilty knowledge" of the falsity of one's statements or representations made when committing a fraud.
scintilla speculative evidence that is considered not substantial.
search warrant after reviewing evidence for probable cause, a judge's formal authority granted to the police to search a suspicious person's residence, work, or other locale for the gathering of evidence of a crime. A search warrant is unnecessary when a suspect consents to a search, or in cases of hot pursuit, when an officer follows a suspect into a hiding place, or when an officer is trying to stop a suspect from destroying evidence.
second-degree murder unpremeditated murder with malice aforethought.
service to serve notice or to deliver a pleading or other document in a lawsuit to the opposing party.
sham pleading pleading that is unsupported by the facts.
sheriff's sale the sale of a judgment debtor's property by the sheriff to satisfy an unpaid judgment, mortgage, or lien.
shield laws laws protecting the confidentiality between a news reporter and his or her source. Also includes laws protecting rape victims from questioning about past sexual experiences.
show-up similar to a police lineup, but only with one suspect facing a witness.
sidebar the part of a courtroom out of earshot of the jury and used by the judge and attorneys to discuss issues that would be improper for the jury to hear.
slander false words spoken publicly that damage the reputation of another.
standing mute refusing to plead guilty or not guilty.
statute of limitations any statute that puts a time limit on when judicial action can be taken against someone.
statutory rape engaging in sex with a minor.
stay a court-ordered postponement of an event or action.
stay of execution a court order in which a judgment is postponed for a specific amount of time.
strict liability liability for injuries or damages stemming from dangerous activities (such as the use of explosives) even if those activities are carried out lawfully and with extreme care. Liability without fault or negligence.
subornation of perjury the crime of persuading another to lie in court.
subpoena a court order to force a witness to appear at a judicial proceeding; a subpoena to testify.
subrogation one's fulfilling of an obligation on another's behalf.
suit a broad term for any court proceeding undertaken for the pursuit of justice.
suitor a litigant in a court case.
summation the closing arguments made by each party's counsel in a trial.
summons an order or notification served to a defendant to appear in court or risk a default judgment.
sunshine laws laws that require meetings held by government agencies to be open to the public.
superior court any court that reviews the decisions of lower courts.
suppression of evidence preventing the use of illegally seized evidence or any evidence that may unfairly bias a jury.
supreme court the highest appellate court in a jurisdiction or state.
Supreme Court the highest court in the United States, consisting of nine justices and having jurisdiction over all other courts.
surety one who promises to fulfill certain obligations, particularly financial ones, if his principal fails to do so; one who takes on a liability for another's debt; a bondsman.
surety bond a bond issued by a surety guaranteeing the fulfillment of another's obligations.