Legal Glossary - P
Paralegal - Not a lawyer but a legal assistant, the paralegal performs various tasks in a law office. In order to obtain such a job, the paralegal must have been trained in certain aspects of law and legal processes. They often handle the extensive paperwork involved with lawsuits and charge a lower hourly fee than a licensed law professional. It is not unusual for a plaintiff to establish a working relationship with a paralegal that works for their attorney. The paralegal will be well-versed in the ins and outs of your case but cannot give legal advice or represent you in court.
Party - The word party refers to one of the participants in a lawsuit or other legal proceeding; i.e. the plaintiff or defendant. Each party has an interest in the outcome of the suit.
Personal Injury - Simply put, personal injury refers to the physical harm done to the body of a person. In broader terms, however, the phrase refers to legal actions taken due to injuries considered "an invasion of a personal right" including to one's body, psychological state, or reputation.
Personal Representative - A personal representative is one who has been appointed to manage the financial affairs of someone who is unable to do so. Another meaning of the same term refers to a person who has the right to bring about a lawsuit on behalf of the estate of someone who is deceased. A personal representative may be a spouse, heirs or next of kin, an executor, or a court-appointed administrator.
Petition - A petition is a formal written request to a court requesting a specific order from the court. For example, petitions can be used to request continuances, dismissal of a case, orders to show cause, modifications of a prior order, and many other legal actions. A petition can also refer to a document filed at the start of a lawsuit which outlines the facts of the case and the reasons why an award should be granted.
Plaintiff - This is the term that applies to the party that files a suit in a court of law against another party or parties, called the defendant(s). By filing the suit, the plaintiff is demanding damages, performance, or court determination of rights. In mesothelioma-related suits, the plaintiff may be the person who has been injured by asbestos exposure, or may be the spouse, offspring, heirs, or executor for that person, if he/she is deceased.
Pleading - Pleadings include all legal documents filed in a lawsuit, including complaints, answers, motions, petitions, declarations, and demurrer (a written response to a complaint that pleads for a dismissal). Pleadings must be written in a particular format in accordance with state and federal laws and must be typed, signed, and dated. The name of the court, title and number of the case, name, address and telephone number of the attorney or person acting on his own behalf must also appear on each pleading.
Power of Attorney - This is a written document giving an individual power to act on another individual's behalf. The Power of Attorney grants the person named in the document the right to sign checks or other legal documents including titles and contracts, and handle funds from bank accounts. The person receiving the power is called the "agent" or the "attorney in fact". The Power of Attorney must be signed by both parties, dated, notarized, and witnessed.
There are two kinds of Power of Attorney: 1)general - which covers all activities, and 2) special - which applies only to specific events or transactions such as selling a home or handling certain accounts. It is advisable that anyone suffering from mesothelioma have a power of attorney in the event that they eventually cannot act on their own behalf. Agents are often family members or trusted friends.
Product Liability - This term refers to the responsibility of manufacturers, distributors, and sellers to deliver products to consumers that are free of any defects that can cause harm to an individual. The law of product liability also demands that the manufacturer, distributor, or seller make good on that responsibility if the products are indeed defective.
Product liability is a huge issue in asbestos-related cases. Often, manufacturers, distributors, or sellers of asbestos-containing materials are named as defendants in these cases due to the fact that their products have allegedly caused harm to the plaintiff.
Last modified: December 21 2007.
