civil procedure

prejudice

Within the legal context, prejudice refers to the character of the judge’s dismissal of a case. For instance, when dismissing a case in civil courts, the courts either dismiss a case with prejudice or without prejudice. If the court dismisses...

preliminary injunction

A preliminary injunction is an interlocutory order issued by a judge early in a lawsuit to stop the defendant from continuing their allegedly harmful actions, or commanding them to act in a certain manner to preserve the status quo before the...

preponderance

Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a proposition by the preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.

preponderance of the evidence

Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a proposition by the preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.

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prerogative writ

A prerogative writ is an outdated term for a writ issued by a court exercising unusual or discretionary power (as opposed to a writ of right). It is a writ directing a governmental agency, official, or other court. The prerogative writs are...

pretrial

Pretrial, also called pretrial conference or pretrial review, is a hearing prior to trial, which all parties involved in the trial attempt to determine the issues, laws, or facts matter, before the court trial. It would be held when all...

pretrial discovery

Pretrial Discovery is a stage in civil and some criminal actions where parties exchange information on the evidence that will be presented in court. The broad purpose of pretrial discovery is to ensure that parties in a lawsuit have mutual knowledge...

prevailing party

The term “prevailing party” has been defined in different ways by various courts. In Waxman v. Waxman, the Massachusetts Appeals Court defined “prevailing party” as a party that achieves a favorable judgment. In First Citizens Bank & Trust Company...

prima facie case

A prima facie case is when a party brings a lawsuit with sufficient evidence that it should go to trial or reach a judgment.

[Last updated in December of 2023 by the Wex Definitions Team]

privilege

In law, privilege refers to a special legal right, immunity, or exemption granted to a person.

In evidence, certain subject matter is privileged; meaning they cannot be inquired into in any way. Such privileged information...

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