Penalty

Punishment for breaking a law.

Penalty assessment

An amount of money added to a fine.

Pendente lite

Latin: “While the action is pending.” Any orders made during the case.

Pending

What a case is called when it has not been decided.

Per capita

A way to give out the property of an estate so that each beneficiary gets a equal share.

Per stirpes

A way to give out the property of an estate when the beneficiary has died and his or her descendants take the share.

Peremptory challenge

When a side in a case asks the court to get rid of a potential juror. It can disqualify a person from serving on a jury. It does not need an explanation.

Perfecting an appeal

After filing the notice of appeal, the steps needed to make the case ready for the judge. This may include getting a transcript of the trial, writing and serving a brief and getting the case on the court’s calendar.

Perjury

A false statement made on purpose (a lie) while under oath.

Permanency planning

A court action that gives a dependent child a permanent place to live, like an adoption or a guardianship.

Permanency planning goal

The plan by a foster care agency to get the best permanent living arrangement for a young person in foster care. The list of possible permanency planning goals includes: return to parent, adoption, custody or guardianship, placement with a relative, or another planning permanent living arrangement (called APPLA or independent living/adult residential care).

Permanency planning hearing

When the parties go in front of a Judge in a case involving a child in foster care to make a schedule for the return of the child to his or her home or other permanency plans, including adoption. Youth over 10 years old have the right to attend their own permanency planning hearing.

See:

Permanent neglect

A reason for losing parental rights. A claim by an agency responsible for a child in foster care that says the child’s parents have not kept in contact and have not planned for the child’s future.

Persistent violent felony offender

A person who is convicted of a violent felony after having been previously convicted of 2 or more violent felonies in the past ten years.

Person in Need of Supervision (PINS)

A Family Court case where a parent or guardian asks for the court’s help in supervising a person under 18 years old. The youth has not committed a crime, but his or her behavior is “beyond the lawful” control of his or her parent or guardian. This behavior includes skipping school, refusing to come home by curfew, underage drinking, acting out in a way that is dangerous or out of control and often disobeying parents, guardians, and other authorities.

Personal delivery

Giving court papers to a person in his or her hand.

Personal injury

A kind of civil case that asks for damages (money) for physical injury to people and/or property, or for wrongful death.

Personal jurisdiction

The power of a court over over a person. This is different from the power of a court over a defendant's property.

See:

Personal service

Personal service can be made in three ways: 1. Delivering the paper to the person in his or her hand (Personal delivery). 2. Handing the papers to a responsible person to give to the person being served, and mailing copies to the person being served (Substituted delivery). 3. After two or three attempts, leaving a copy on the door (in Landlord tenant, also under the door) and mailing copies to the person being served (Conspicuous delivery).

Petit jury

A group of citizens that listen to the evidence presented by both sides at a trial and figures out the facts.

Petition

A paper that is sworn to that asks the court to start a case called a summary or special proceeding. It works the same as a complaint in a civil case.

Petitioner

A person or agency that starts a proceeding or brings an appeal to a higher court.

Petty offense

A minor violation of law, like a traffic infraction.

Physical custody

In Family Court, where the children live, who takes care of them, and how much time they spend with each parent. There are two types of physical custody arrangements: primary or sole physical custody and joint or shared physical custody.

Placement

When a court sends a person to a facility or to any supervisory, care or treatment program.