Latin for Lawyers

L ATIN FOR L AWYERS

PATRONAGE [L. patronus / a protector or defender] The support of a patron, as the support of an artist by a nobleman or wealthy sponsor. The suppport of a business by its customers. The appointment of individuals to political office for political advantage, gain or purpose. PAUPER [L. pauper / poor, without means] A very poor person. A person without the means to support himself and who is generally supported by charity or at public expense, such as a homeless person. A pauper who is involved in litigation will be relieved of costs. An indigent criminal defendant has a right to counsel paid for by the state. See INDIGENT DEFENDANT; IN FORMA PAUPERIS; POVERTY PECULATION [L. peculare / to give as private property; also peculatus / the embezzlement of public money] Embezzlement. The theft or embezzlement of public funds by an official entrusted with their care. PECUNIARY [L. pecunia / money, wealth, property] Anything related to money or its value. Consisting of or measured in money. A pecuniary bequest is a bequest of money. A pecuniary loss is a loss of money or one which can reasonably be valued in money, such as the value of a decedent’s life in a wrongful death action. PENAL [L. poena / money paid as a penalty or fine; atonement; punishment] Relating to punishment. Requiring or demanding a penalty or fine. Any act punishable by society. The word is broader than the word criminal and encompasses wrongs which result in the imposition of civil fines or penalties. However, in some contexts, the word is also used more narrowly to refer only to crimes, as in penal code or penal institution . PENALTY [L. poena / a fine or detriment] A fine, forfeiture or other detriment imposed by the law for the violation or nonperformance of a duty. A penalty may be civil or criminal. A liability imposed upon one who injures or violates the rights of another. In the law of mortgages, a penalty is a sum in addition to principal and accrued interest imposed by the lender upon prepayment of the loan principal. The IRS imposes penalties on taxpayers who file late. The parties to a contract may provide for penalties to encourage prompt performance and discourage defaults. PENALTY CLAUSE A clause in a contract, mortgage or loan agreement which specifies a penalty which must be paid by the obligor upon a default in payment or in some other

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