civil procedure

peremptory

Peremptory means final and absolute, without needing any underlying justification. For example, English law, in the Arbitration Act section 41(5), allows tribunals to summarily issue “peremptory orders,” without elaboration, to compel non-complying...

peremptory challenge

One of a limited number of special jury challenges given to each party before trial. A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie...

peremptory writ of mandate (or mandamus)

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment...

perfect

Perfect in law often means to complete all the steps necessary to have a clear right or interest in something. Most commonly, perfect refers to the process of publicly establishing a security interest in collateral for purposes of gaining...

perjury

Perjury, also known as false oath, forswearing, and falsehood, refers to knowingly making a false statement under oath or knowingly signing a legal document that is false or includes false statements. While the exact definition of perjury...

permanent injunction

A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case. A court will issue a permanent injunction only where money damages will not suffice. Failure to comply with...

permission to approach the witness

Permission to approach the witness is a request made by an attorney during a court proceeding to ask the presiding judge for permission before approaching the witness on the stand. The judge may grant or deny the request based on the specific...

permissive counterclaim

A permissive counterclaim is a type of legal claim that a defendant in a lawsuit may choose to bring against the plaintiff. This rule is outlined in Federal Rule of Civil Procedure Rule 13(b). It applies when the defendant’s claim does not...

personal jurisdiction

Personal jurisdiction refers to a court’s authority to adjudicate the rights and liability of the defendant. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts with the...

personal service

Personal service refers to the in-person delivery of notice to a defendant. It is one of the many different ways of serving a defendant, which is required to establish jurisdiction over said defendant. Like service of process as a whole,...

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