Preemption is a doctrine in constitutional law that applies when two authorities conflict with one another. It refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come...
civil procedure
prejudgment interest
The interest that a creditor, usually a plaintiff in the case, is entitled to collect, derived from the amount of a judgment, which compensates the creditor for an injury which occurred before the judgment. The rate applied to calculate prejudgment...
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.
...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A prerogative writ is an outdated term for a writ issued by a court exercising unusual or discretionary power (as opposed to a writ of right).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...