Latin for Lawyers

PETITION

PETITION [L. peto, petere / to beg, beseech, request] A formal request. A formal document submitted to a court, administrative body or legislature praying for some stated relief. Also, a complaint or other pleading commencing an action. In bankruptcy, the filing of a petition by a creditor or debtor begins the bankruptcy proceeding and imposes an auto matic stay against any action by creditors except in the bankruptcy proceed ing itself. The Bill of Rights to the U.S. Constitution (Article I) provides that Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances. PETITORY [L. peto, petere / to request or seek] An action brought to establish and confirm title to a chattel, as opposed to a possessory action , which tries only the right to possession. The word is used most frequently in Admiralty Law in connection with actions to establish title PLACITA COMMUNIA [L. placere / to please + communis / public, shared] Common pleas. Consisting of all the pleas and suits pending at any one time between one litigant and another. PLACITUM [L. placitus , placere / to please, to resolve, to settle] A plea, a count in an indictment. Also, an opinion, a maxim. A judicial deci sion; a judicial tribunal. PLACITUM NOMINATUM The date and place fixed for appearance and plea by a criminal defendant. PLAGIARISM [L. plagiarius / a kidnapper, a thief, especially a thief of litera ture] To usurp, take credit for, or pass off as one’s own, the creative work of another without credit or attribution. If the work is protected by copyright, the copyright owner may bring an action for infringement. PLEA [L. placere / to please, to win over] At common law, the answer or response first submitted by the defendant stat ing the facts constituting his defenses to the plaintiff’s claims. In equity actions, the plea was a statement of reasons for rejecting or dismissing the plaintiff’s complaint. In a criminal action, it is the response of the accused to the charges against him, e.g., guilty, not guilty, nolo contendere . A plea bar gain is an agreement between the prosecutor and the defense in advance of a plea, in which the accused agrees to accept guilt to a lesser offense, in to ships and vessels. See POSSESSORY

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