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personal-holding-company tax See holding-company tax.

personal-holding-company tax See holding-company tax under TAX.

personali exceptione (par-sa,-nay-li ek-sep-shee-oh-nee). [Latin]. By personal exception; by an exception based on personal reasons. Also termed personali objectione (ab-jek-shee-oh-nee).

personalis actio (par-sa-nay-lis ak-shee-oh). [Latin]. A personal action; an action in personam.

personaliter (par-sa-nay-la-tar), adv. [Latin] Personally; in person.

personality 1. The legalstatus of one 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 reference 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 A rationalization of intellectual-property laws, esp. copyright, draWing on the philosophy of G.w.F. Hegel, holding that personal expression is a form of self-actualization that gives the creator inalienable moral rights in the creations. As a way of analyzing 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-property tax See TAX.

personal-property tax A tax on personal property (such as jewelry or household furniture) levied by a state or local government.

personal-residence trust See TRUST.

personalty (pars-an-al-tee). Personal property as distinguished from real property. See personal property (1) under PROPERTY.

personam See IN PERSONAM.

personation See IMPERSONATION.

person-endangering state of mind An intent to kill, inflict great bodily injury, act in wanton disregard of an unreasonable risk to others, or perpetrate a dangerous felony. Also termed man-endangering state ofmind.

persuade To induce (another) to do something <Steve persuaded his neighbor to sign the release after the accident>.

persuaded confession See CONFESSION.

persuaded confession A false confession by a suspect who has no knowledge of a crime but adopts a belief in his or her guilt.

persuasion The act of influencing or attempting to influence others by reasoned argument; the act of persuading.

persuasion burden See BURDEN OF PERSUASION.

persuasive authority See AUTHORITY (4).

persuasive authority Authority that carries some weight but is not binding on a court. "It may be well to call attention to the fact that the word authority' is used by lawyers in at least two senses, one abstract and the other concrete. The word [in its concrete sense] refer[s] to the book or other repository to which one resorts to find propositions of law, and sometimes the word is used in an even narrower sense to mean reported cases. In its abstract sense, however, 'authority' is sub· stantially equivalent to 'influence' or 'power,' and in this sense 'authority' may be diVided into two grades, in that the force of a statement of law is either imperative (that is to say, absolutely binding upon the courts) or simply persuasive. The use of the terms 'primary' and 'second· ary' authority, as applied in the concrete sense, must not be confused with the use of the terms 'imperative' and 'persuasive' authority, as used in the abstract sense. That is to say, a book of primary authority may be either impera· tive or persuasive, according to the circumstances.. ,or it may be of no force at all. Books of secondary authority are, in the nature of things, usually merely of persuasive authority." William M. Lile et aI., Brief Making and the Use of LawBooks12(3ded.1914).

persuasive memorandum See MEMORANDUM.

persuasive precedent See PRECEDENT.

persuasive precedent A precedent that is not binding on a court, but that is entitled to respect and careful consideration. For example, if the case was decided in a neighboring jurisdiction, the court might evaluate the earlier court s reasoning without being bound to decide the same way.

pertain To relate to; to concern.

pertinent Pertaining to the issue at hand; relevant <pertinent testimony>.

pertinent art 1. See analogous art under ART. 2. See relevant art under ART.

pertinent art 1. See analogous art. 2.See relevant art.

perturbator (par-tar-bay-tar). [Law Latin]. A person, esp. a man, who disturbs the peace.

perturbatrix (par-tar-bay-triks), n. [Law Latin]. A woman who disturbs the peace.

perverse verdict See VERDICT.

pervise See PARVIS.

pessima fides (pes-a-ma fI-deez). [Latin]. The worst faith. The phrase appeared in reference to moral dishonesty.

pessimi exempli (pes-a-mi eg-zem-pli). [Latin]. Of the worst example. Thus, to acquit a man of a crime because he had committed 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 dishonest 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).

pet trust See TRUST.

petens (pet-enz). [Latin]. A demandant; a plaintiff in a real action.

peter-pence 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"]. See PETTY.

petit cape See cape parvum under CAPE.

petit juror See JUROR.

petit juror (pet-ee). A trial juror, as opposed to a grand juror.

petit jury (pet-ee). A jury (usu. consisting of 6 or 12 persons) summoned and empaneled in the trial of a specific case. Also termed petty jury; trial jury; common jury; traverse jury. Cf. GRAND JURY.

petit jury See JURY.

petit larceny See LARCENY.

petit larceny Larceny of property worth less than an amount fixed by statute. usu. $100. Also spelled petty larceny. Cf. grand larceny.

petit serjeanty See SERJEANTY.

petit serjeanty (pet-ee). Serjeanty requiring only a minor service of small value, usu. with military symbolism. Examples include presenting an arrow or an unstrung bow to the king.

petit treason See petty treason under TREASON.

petite assize See ASSIZE (5).

petite assize A jury convened to decide questions of possession. 6. A jury trial.

Petite policy The Department ofJustice rule forbidding a federal prosecution after a previous state or federal prosecution based on the same acts unless (1) an Assistant Attorney General has approved the prosecution, (2) a substantial federal interest supports the prosecution, (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). (Petite Policy). The purpose of this policy is to vindicate 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 prosecutions 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.

petitio (pa-tish-ee-oh), n. [Latin]. 1.Civil law. A plaintiff s suit, esp. in an action in rem. 2. A petition or demand; esp., a count in a real action.

petition 1. A formal written request presented to a court or other official body.

petition de droit See PETITION OF RIGHT.

petition for access Application to inspect a patent application, made by someone who does not usu. have the authority to do so. The petition must demonstrate a special need for access, and show that the applicant has been notified of the petition. The patent applicant is entitled to a hearing before access is granted.

petition for probate A written application by which a party requests that a court admit a will to probate.

petition in bankruptcy A formal written request, presented to a bankruptcy court, seeking protection for an insolvent debtor. The debtor (in a voluntary bankruptcy) or the debtor s creditors (in an involuntary bankruptcy) can file such a petition to initiate a bankruptcy proceeding.

petition in error See APPEAL (1).

petition of right 1. (cap.) One of the four great charters of English liberty (3 Car. I (1628), establishing that "no man be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament. The other three great charters are Magna Carta, the Habeas Corpus Act (31 Car. 2 (1679», and the Bill of Rights (I W. & M. (1689)).2. Hist. A proceeding in chancery by which a subject claims that a debt is owed by the Crown or that the Crown has broken a contract or wrongfully detained the subject s property. Although the petition is addressed directly to the Crown, the courts adjudicate the claim just as in an action between private parties. Also termed petition de droit.

petition to make special A petition asking the U.S. Patent and Trademark Office to expedite a patent prosecution. - Special processing is available, for example, in favored areas of science (such as cancer research and energy conservation), where the inventor is sick or elderly, and where infringement is already taking place.

petitioner A party who presents a petition to a court or other official body, esp. when seeking relief on appeal. Also termed (archaically) plaintiff in error. Cf. RESPONDENT (2).

petitor (pet-a-tor), n. [Latin) Roman law. A plaintiff in a civil action; ACTOR (4).

petitorium (pet-a-tor-ee-am). See petitory action under ACTION (4).

petitory action See ACTION (4).

petitory action (pet-a-tor-ee). 1. Roman & civil law. An action to establish and enforce title to property independently of the right to possession. 2. Civil law. An action for the recognition of ownership or other real right in immovable (or sometimes movable) property .o In civil-law systems, the petitory action (revendication) is a much broader and more effective remedy than the rei-vindicatio, the Roman prototype. This action is based on, and tends to protect, real rights, that is, ownership and its dismemberments. It is therefore a real action, distinguish able from personal actions based on (and tending to protect) personal rights. Generally, the petitory action is available for the protection of the ownership of both movables and immovables. In Louisiana, however, the petitory action is for the recognition of ownership or other real right in immovable property, brought by a person who is not in possession of it. La. Code Civ. Proc. art. 3651. An action for the recognition of such a right in movable property is an innominate real action, known as a revendicatory action. Also termed petitory suit; petitorium; revendication.

petitory suit See petitory action under ACTION (4).

petitory suit See petitory action under ACTION (4).

Petrine privilege The Pope s power to dissolve a marriage between a baptized spouse and an unbaptized spouse when the Pauline Privilege is unavailable and the dissolution would be beneficial to the interests of the Church. The privilege is usu. exercised to dissolve a previous marriage of a Roman Catholic. But sometimes it is applied in the case of a baptized non-Catholics who wishes to marry a Catholic. On rare occasions, the privilege has also been extended to dissolve the marriage of two unbaptized non -Catholics if one of them wishes to marrv a Catholic. Cf. PAULINE PRIVILEGE.

petroleum-conservation law Oil & gas. A state law that limits the rule of capture and defines the correlativerights doctrine by regulating the drilling and operation ofoil-and-gas wells. - Petroleum-conservation laws are intended to prevent waste and correlative rights.

pettifogger (pet-i-fog-;ar), 1. A lawyer lacking in education, ability, sound judgment, or common sense. 2. A lawyer who douds an issue with insignificant details. - pettifoggery (pet-i-fog-ar-ee), n.

petty adj. Relatively insignificant or minor <a petty crime>. Cf. GRAND.

petty assize See ASSIZE (6).

petty assize An assize begun by an original writ . Petty assizes were characterized by the form of the writ, which specified the questions to be put to the panel, and ordered that a panel be assembled. The petty assizes were novel disseisin, mort d'ancestor, utrum, and darrein presentment. "The word 'Assisa' means originally the sitting of a court or assembly. It then comes to denote the things done, the enactments passed, at such a court or assembly. Thus we speak of the Assize of Clarendon, or the Assize of Northampton. Certain of these enactments in Henry II's reign introduced a new procedure for the trial of questions as to the ownership or possession of lands held by free tenure. The Grand Assize introduced this new procedure for the determination of questions of ownershi p; the possessory assizes for the determination of question of possession." 1 William Holdsworth, A History of English Law 275 (7th ed. 1956). 7. A jury's finding. 8. A writ. - Also spelled assise; assisa.

petty average See particular average under AVERAGE.

petty cash See CASH.

petty cash Currency kept on hand for incidental expenditures.

petty jury See petit jury under fURY.

petty larceny See petit larceny under LARCENY.

petty offense See OFFENSE (1).

petty offense A minor or insignificant crime. 18 USCA § 19. Cf. serious offense. "[W]e find an apparent implication that a petty offense is not a crime. Much could be said for such a position but it is not the law at the present time. In the federal penal code, for example, it is provided that any misdemeanor the penalty for which does not exceed imprisonment for a period of six months or a fine of not more than $500, or both, is a petty offense. Rollin M. Perkins & Ronald N. Boyce, Criminal Law 22 (3d ed. 1982) (quoting 18 USCA § 1(3».

petty officer An enlisted person in the Navy or Coast Guard with a pay-grade of E-4 or higher.

petty officer See OFFICER (2).

petty patent See UTILITY MODEL.

petty sessions English law. Sessions of justice-of the-peace court held to try minor misdemeanors summarily (i.e., without a jury).

petty theft See THEFT.

petty treason See TREASON.

PFPA abbr. PENTAGON FORCE PROTECTION AGENCY.

PGS abbr. See pictorial, graphic, and sculptural work under WORK (2).

phantom jury See shadow jury under JURY.

phantom stock See STOCK.

phantom stock Imaginary stock that is credited to a corporate executive account as part of the executives compensation package. See PHANTOM STOCK PLAN.

phantom stock plan A long-term benefit plan under which a corporate employee is given units having the same characteristics as the employer s stock shares. It is termed a "phantom" plan because the employee does not actually hold any shares but instead holds the right to the value of those shares. Also termed shadow stock plan.

phenotype. Patents A living organism s physical characteristics and behavior. A patent on living matter must disclose its genetic makeup rather than just describe its phenotype. Cf. GENOTYPE.

Philadelphia lawyer A shrewd and learned lawyer. This term can have positive or negative connotations today, but when it first appeared (in colonial times), it carried only a positive sense deriving from Philadelphia s position as America s center oflearning and culture.

philosophie du droit See ethical jurisprudence under JURISPRUDENCE.

philosophy of law See general jurisprudence (2) under JURISPRUDENCE.

phishing The sending of a fraudulent electronic communication that appears to be a genuine message from a legitimate entity or business for the purpose of inducing the recipient to disclose sensitive personal information. Cf. BOILER-ROOM RANSACTION; TELESCAM.

Phonograms Convention See GENEVA PHONOGRAMS CONVENTION.

phonorecord (foh-noh-rek-ard). A physical object (such as a phonographic record, cassette tape, or compact disc) from which fixed sounds can be perceived, reproduced, or otherwise communicated directly or with a machine s aid. The term is fairly common in copyright contexts since it is defined in the U.S. Copyright Act of 1976 (17 USCA § 101).

photofit See IDENTIKIT.