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Screening & Risk mitigation Glossary*

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P


Pre-Injunction: Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. If differs from a temporary restraining order.


Pre-sentence investigation: A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date.


Pre-Trial Conference: A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial.


Pre-trial intervention: A county program to aid certain qualifying defendants by diverting them from court proceedings upon successful completion of the program.


Pre-trial release (PTR): Release by sheriff's personnel after arrest and before any court appearance, setting a court appearance date.


Precedent: A previously decided case that guides the decision of future cases.


Preemptory challenge: A challenge that may be used to reject a certain number of prospective jurors without giving a reason.


Preliminary Hearing: Another term for arraignment.


Preponderance of the evidence: Greater weight of the evidence; the common standard of proof in civil cases.


Presentment: Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include a formal charge of crim Prime facie - On the face of it - factually


Pretermitted Child: A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.


Pro bono public: For the public good. Lawyers representing clients without a fee are said to be working pro bono publico.


Pro se: In one's own behalf.


Probable cause: Reasonable belief that a crime was committed and that the named person committed the crime.


Probate: The court-supervised process by which a will is determined to be the will-maker's final statement regarding how the will maker wants his/her property distributed. It also confirms the appointment of the personal representative of the estate. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and the expenses of administration; and distribution to those designated as beneficiaries in the will.


Probate Court: The court with authority to supervise estate administration.


Probate Estate: Estate property that may be disposed of by a will.


Probation: Suspension of sentence with or without adjudication and placing the defendant under supervision of the Department of Corrections for a specified period of time and possible conditions.


Prosecutor: A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.


Proximate cause: The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his/her action or by his/her failure to act when he/she had a duty to act.


PTR: Pre Trial Release


Public defender: A court-appointed attorney for those defendants who are declared indigent.


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