Pipe RollsThe Exchequer s records of royal revenue, including revenue from feudal holdings, judicial fees, and tax revenue collected by the sheriffs. The Pipe Rolls comprise 676 rolls, covering the years 1131 and 1156 to 1833 (except for gaps in 1216 and 1403). Also termed Great Rolls of the Exchequer. The Pipe rolls (so called possibly because of their pipe-like appearance when rolled up and stacked) were the rolls of the Exchequer and consist of parchment skins sewn together. Roger of Salisbury, Henry I s Treasurer, had established a rudimentary national financial system and the Pipe roll recording financial details at the end of Henry s reign is in existence. The rolls contain much information concerning royal debtors, administration, and personnel of the King s government. L.B. Curzon, English Legal History 64-65 (2d ed. 1979). |
PIRabbr. PRESENTENCE INVESTIGATION REPORT. |
piracy1. Robbery, kidnapping, or other criminal violence committed at sea. 2. A similar crime committed aboard a plane or other vehicle. 3. HIJACKING. |
pirate recordingAn unauthorized copy of the sounds on a copyright-protected recording, including digital duplication made available over the Internet. Sometimes also termed bootleg recording. |
piscary1. See FISHERY (1). 2. See common ofpiscary under COMMON (1). |
pit and gallowsAn ancient form of capital punishment for theft by which a condemned woman was drowned in a pit and a condemned man was hanged on a gallows. |
PITIabbr. Principal, interest, taxes, and insurance the components of a monthly mortgage payment. |
PKPAabbr. PARENTAL KIDNAPPING PREVENTION ACT. |
placard(plak-ahrd or plak-<ard). 1. An official document, such as a license or permit. 2. An advertisement posted in a public place. |
place landSee INDEMNITY LAND. |
place landSee INDEMNITY LAND. |
place of abodeA person s residence or domicile. See ABODE; RESIDENCE; DOMICILE. |
place of businessA location at which one carries on a business. Cf. DOMICILE (2). |
place of contractingThe country or state in which a contract is entered into. The place of contracting is not necessarily the place where the document is signed; another location be designated in the contract. |
place of deliveryThe place where goods sold are to be sent by the seller.• If no place is specified in the contract, the seller s place of business is usu. the place of delivery. UCC § 2-308. |
place of employmentThe location at which work done in connection with a business is carried out; the place where some process or operation related to the business is conducted. |
place of performanceThe place where a promise is to be performed, either by specific provision or by interpretation of the language of the promise. |
place of wrongThe place. esp. the state, where the last event necessary to make an actor liable for an alleged tort takes place. |
placement1. The act of selling a new issue of securities or arranging a loan or mortgage. 2. The act of finding employment for a person, esp. as done by an employment agency. |
place-of-wrong lawSee LEX LOCI DELICTI. |
place-of-wrong ruleSee LEX LOCI DELICTI. |
placer claimSee MINING CLAIM. |
placita(plas-a-ta), n. [Latin] pl. PLACITUM. |
placita communia(plas-a-ta ka-myoo-nee-a). [Latin] Common pleas; civil actions between subject and subject. |
placita coronae(plas-a-ta ka-roh-nee), [Latin] Pleas of the Crown; criminal actions. |
placita juris(plas-a-ta joor-is). [Law Latin "pleas of law"]. Positive statements or guiding principles of the law, in contrast to legal conclusions or maxims. |
placitabile(plas-a-tay-ba-lee), adj. [Law Latin] That may be pleaded; pleadable. |
placitare(plas-a-tair-ee), vb. [Law Latin] To plead; to bring an action in a court of law. |
placitory(plas-a-tor-ee), adj. [Law Latin] Of or relating to pleas or pleading. |
placitum(plas-a-tam), n. [Latin]. 1. Roman law. An imperial constitution. 2. A judicial decision. 3. A court; a judicial tribunal. 4. A judicial proceeding; a trial. 5. A fine, mulct, or pecuniary punishment. 6. A pleading or plea. 7. A paragraph or section of a title or page where the paint decided in a case is set forth separately. -Abbr. (in sense 7) pI. PI. placita. |
placitum et conventioSee consensus ad idem under CONSENSUS. |
placitum nominatum(plas-a-tam nom-a-nay-tam). [Law Latin]. The day appointed for a defendant to appear and plead. |
placitumfractum(plas-a-tam frak-tam). [Law Latin]. A day past or lost to the defendant. |
placuit reg; et concilio suo(plak-yoo-it ree-jI et kan-sil¬ee-oh s[y]oo-oh). [Law Latin]. It has pleased the king and his council. |
plagiarismThe deliberate and knowing presentation of another person s original ideas or creative expressions as one s own. Generally, plagiarism is immoral but not illegal. Jf the expression s creator gives unrestricted permission for its use and the user claims the expression as original, the user commits plagiarism but does not violate copyright laws. If the original expression is copied without permission, the plagiarist may violate copyright laws, even if credit goes to the creator. And if the plagiarism results in material gain, it may be deemed a passing-off activity that violates the Lanham Act. It can also be a criminal act under 17 USCA § 5-6. Cf. INFRINGEMENT. plagiarize (play-ja-riz), vb. plagiarist (play-ja-rist), n. Plagiarism, which many people commonly think has to do with copyright, is not in fact a legal doctrine, True plagiarism is an ethical, not a legal, offense and is enforceable by academic authorities, not courts. Plagiarism occurs when someone a hurried student, a neglectful professor, an unscrupulous writer falsely claims someone else s words, whether copyrighted or not, as his own. Of course, if the plagiarized work is protected by copyright, the unauthor ized reproduction is also a copyright infringement, Paul Goldstein, Copyright s Highway 12 (1994), |
plagiarius(play-jee-air-ee-as), n. [Latin] Roman law. A kidnapper. |
plagium(play-jee-am), n. [Latin] Roman law. The act of kidnapping, esp. a slave or child, which included har-boring anothers slave. - Also termed crimen plagii. |
plaideur(play- or pie-dar), n. [Law French "pleader"] Archaic. An attorney at law; an advocate. |
plaidoyer(ple-dwah-yay), n. [French). An advocate s plea. |
plain bondSee DEBENTURE (3). |
plain errorSee ERROR (2). |
plain errorAn error that is so obvious and prejudicial that an appellate court should address it despite the parties' failure to raise a proper objection at trial. A plain error is often said to be so obvious and substantial that failure to correct it would infringe a party's due-process rights and damage the integrity of the judicial process. See Fed. R. Evid. 103(d). - Also termed fundamental error; error apparent of record. |
plain meaningSee MEANING. |
plain-feel doctrineCriminal procedure. The principle that a police officer, while conducting a legal pat-down search, may seize any contraband that the officer can immediately and clearly identify, by touch but not by manipulation, as being illegal or incriminating. Also termed plain-touch doctrine. |
plain-language lawLegislation requiring nontechnical, readily comprehensible language in consumer contracts such as residential leases or insurance policies. Many of these laws have genUinely simplified the needlessly obscure language in which consumer contracts have traditionally been couched. |
plain-language movement1. The loosely organized campaign to encourage legal writers and business writers to write clearly and concisely without legalese while preserving accuracy and precision. 2. The body of persons involved in this campaign. |
plain-meaning rule1. The rule that if a writing, or a provision in a writing, appears to be unambiguous on its face, its meaning must be determined from the writing itself without resort to any extrinsic evidence. Though often applied, this rule is often condemned as Simplistic because the meaning of words varies with the verbal context and the surrounding circumstances, not to mention the linguistic ability ofthe users and readers (including judges). Cf. GOLDEN RULE; MISCHIEF RULE; EQUITY-OF-THE STATUTE RULE. On its positive side. the plain meaning rule states a tautology: Words should be read as saying what they say, The rule tells us to respect meaning but it does so without isclosing what the specific meaning is. At best, it reaffirms the preeminence of the statute over materials extrinsic to it. In its negative aspect, on the other hand, the rule has sometimes been used to read ineptly expressed language out of its proper context. in violation of established prin ciples of meaning and communication, To this extent it is an impediment to interpretation." Reed Dickerson, The Interpretation and Application of Statutes 229 (1975). 2. ORDINARY-MEANING RULE. |
plain-sight ruleSee PLAIN-VIEW DOCTRINE. |
plaint1. Archaic. A complaint, esp. one filed in a replevin action. See COMPLAfNT (1). 2. A complaint or petition, esp. one intended to set aside an allegedly invalid testament. |
plaintiffThe party who brings a civil suit in a court of law. - Abbr. pltf. Cf. DEFENDANT. |
plaintiff in error1. See APPELLANT. 2. See PETITIONER. |
plaintiff s-viewpoint ruleThe principle that courts should measure the amount in controversy in a case by analyzing only the amount of damages claimed by the plaintiff. |
plain-touch doctrineSee PLAIN-FEEL DOCTRINE. |
plain-vanilla swapSee INTEREST-RATE SWAP. |
plain-vanilla swapA typical interest-rate swap that involves one counterpartys paying a fixed interest rate while the other assumes a floating interest rate based on the amount of the principal of the underlying debt. The underlying debt, called the "notional" amount of the swap, does not change hands only the interest payments are exchanged. Also termed generic swap. |
plain-view doctrineCriminal procedure. The rule permitting a police officer s warrantless seizure and use as evidence of an item seen in plain view from a lawful position or during a legal search when the officer has probable cause to believe that the item is evidence of a crime. Also termed clear-view doctrine; plain-sight rule. Cf. OPEN-fIELDS DOCTRINE. |
PLAMSee price-level-adjusted mortgage under MORTGAGE. |
plan1. BANKRUPTCY PLAN. 2. EMPLOYEE BENEFIT PLAN. |
plan of arrangementAn insolvent debtor s written proposal for partially or completely settling outstanding debts. |
plan of rehabilitationSee BANKRUPTCY PLAN. |
plan of reorganizationSee BANKRUPTCY PLAN. |
planned obsolescenceSee OBSOLESCENCE. |
planned obsolescenceA system or policy of deliberately producing consumer goods that will wear out or become outdated after limited use, thus indUcing consumers to buy new items more frequently. Also termed buill-in obsolescence. |
planned-unit developmentA land area zoned for a single-community subdivision with flexible restrictions on residential, commercial, and public uses. Abbr. PUD. Cf. RESIDENTIAL CLUSTER. A PUD is primarily an alternative to traditional zoning since it provides a mixing of uses. The location and identification of the permitted uses are provided on the PUD map or plat, which closely resembles a subdivision plat. Develop• ment approval is generally granted for the PUD at one time rather than on a lot by lot basis and in that way closely tracks the subdivision approval process." Julian Conrad Juergensmeyer & Thomas E. Roberts, Land Use Planning and Development Regulation Law § 7.15, at 288 (2003). |
planning boardA local government body responsible for approving or rejecting proposed building projects. In most jurisdictions, the planning board s decisions are subject to the review of the city council. Also termed planning commission. |
plan-of-the-convention doctrineThe principle that each U.S. state, by ratifying the U.S. Constitution, has consented to the possibility of being sued by each of the other states, and has no immunity from such a suit under the 11th Amendment. |
plant patentSee PATENT (3). |
plant patentA patent granted for the invention or discovery of a new and distinct variety of asexually reproducing plant. 36 USCA § 161. |
Plant Patent ActThe 1930 federal law that extended patent protection for developing "any distinct and new" varieties of asexually reproducing plants. Before passage of the Act, plant patents were rejected because the subject matter was considered naturally occurring and therefore unpatentable. 35 DSCA §§ 161-164. - Abbr. PPA. |
Plant Variety Protection ActThe 1970 federal law that extended patent-like protection for developing new and distinct varieties ofseed-producing plants. A Certificate of Plant Variety Protection gives the holder exclusive rights to sell, reproduce, and develop further hybrids from the plant. 7 USCA §§ 2321-2582. Abbr. PVPA. |
plant-patent claimSee PATENT CLAIM. |
plant-patent claimThe Single claim in a plant -patent application, describing the principal distinguishing characteristics of the plant. |
plant-patent claimSee PATENT CLAIM. |
plat1. A small piece of land; PLOT (1). 2. A map describing a piece of land and its features, such as boundaries, lots, roads, and easements. |
plat mapA document that gives the legal descriptions of pieces ofland by lot, street, and block number. A plat map is usu. drawn after the property has been described by some other means, such as a government survey. Once a plat map is prepared, property descriptions are defined by referring to the map. Plat maps are llSll. recorded by a government agency. |
platformA statement of principles and policies adopted by a political party as the basis of the party s appeal for public support. |
platform committeeA committee charged with developing a comprehensive statement of an organization's, usu. a political party's, public policies and principles. |
platform committeeSee COMMITTEE. |
plea1. An accused person s formal response of "guilty," "not guilty," or "no contest" to a criminal charge. Also termed criminal plea. |
plea bargainA negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor, usu. a more lenient sentence or a dismissal of the other charges. Also termed plea agreement; negotiated plea; sentence bargain. plea-bargain, vb. plea-bargaining, n. |
plea bargainSee PLEA BARGAIN. |
plea in abatementA plea that objects to the place, time, or method of asserting the plaintiff s claim but does not dispute the claim s merits. A defendant who successfully asserts a plea in abatement leaves the claim open for continuation in the current action or reassertion in a later action if the defect is cured. Also termed abater. |
plea in abatementSee PLEA (3). |
plea in avoidanceSee affirmative defense under DEFENSE (1). |
plea in barA plea that seeks to defeat the plaintiff or prosecutor s action completely and permanently. |
plea in barSee PLEA IN BAR. |
plea in confession and avoidanceSee CONFESSION AND AVOIDANCE. |
plea in confession and avoidanceSee CONFESSION AND AVOIDANCE. |
plea in dischargeSee PLEA (3). |
plea in dischargeA plea that the defendant has preViously satisfied and discharged the plaintiff s claim. |
plea in equitySee PLEA (3). |
plea in equityA special defense relying on one or more reasons why the suit should be dismissed, delayed, or barred. The various kinds are (1) pleas to the jurisdiction, (2) pleas to the person, (3) pleas to the form of the bill, and (4) pleas in bar of the bill. Pleas in equity generally fall into two classes: pure pleas and anomalous pleas. |
plea in estoppelCommon-law pleading. A plea that neither confesses nor avoids but rather pleads a previous inconsistent act, allegation, or denial on the part of the adverse party to preclude that party from maintaining an action or defense. |
plea in estoppelSee PLEA (3). |
plea in justificationSee affirmative defense under DEFENSE (1). |
plea in reconventionSee PLEA (3). |
plea in reconventionA plea that sets up a new matter, not as a defense, but as a cross-complaint, setoff, or counterclaim. |
plea in suspensionSee PLEA (3). |
plea in suspensionA plea that shows some ground for not proceeding in the suit at the present time and prays that the proceedings be stayed until that ground is removed, such as a party s being a minor or the plaintiffs being an alien enemy. |
plea not pureSee anomalous plea under PLEA (3). |