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parens patriae (par-enz pay-tree-ee or pa-tree-I). [Latin parent of his or her country"]. 1. Roman law. The emperor as the embodiment of the state. 2. The state regarded as a sovereign; the state in its capacity as provider of protection to those unable to care for themselves <the attorney general acted as parens patriae in the administrative hearing>. 3. A doctrine by which a government has standing to prosecute a lawsuit on behalf of a citizen, esp. on behalf of someone who is under a legal disability to prosecute the suit <parens patriae allowed the state to institute proceedings>. The state ordinarily has no standing to sue on behalf of its citizens, unless a separate, sovereign interest will be served by the suit. Also termed doctrine ofparens patriae.

parent 1. The lawful father or mother of someone. In ordinary usage, the term denotes more than responsibility for conception and birth. The term commonly includes (1) either the natural father or the natural mother of a child, (2) either the adoptive father or the adoptive mother of a child, (3) a child s putative blood parent who has expressly acknowledged paternity, and (4) an individual or agency whose status as guardian has been established by judicial decree. In law, parental status based on any criterion may be terminated by judicial decree. In other words, a person ceases to be a legal parent if that person s status as a parent has been terminated in a legal proceeding. Also termed legal parent.

parent application See PATENT APPLICATION.

parent application The first-filed application in a chain oflater-filed continuation or continuation-in-part applications. An application becomes the parent application when another type of application (such as continuation, divisional, or substitute) is filed. The term "parent" is generally not used to refer to a provisional application. Cf. child application.

parent by estoppel A man who, though not a child s legal father, is estopped from denying liability for child support. This estoppel usu. arises when the man (1) has lived with the child for at least two years, (2) has believed in good faith that he was the child s father, (3) has accepted parental responsibilities, and (4) has entered into a coparenting agreement with the child s mother and when the court finds that recognition of the status of parent is in the child s best interests. See ESTOPPEL.

parent by estoppel See PARENT.

parent committee A committee that refers business to a subcommittee . The parent committee is so called only when considered in relation to the subcommittee. See subcommittee.

parent committee See COMMITTEE.

parent company See parent corporation under CORPORATION.

parent company See parent corporation under CORPORATION.

parent corporation See CORPORATION.

parent corporation A corporation that has a controlling interest in another corporation (called a subsidiary corporation), usu. through ownership of more than one-half the voting stock. Often shortened to parent. - Also termed parent company.

parent filing date See effective filing date under DATE.

parentage (pair-an-tij or par-).The state or condition of being a parent; kindred in the direct ascending line.

parentage action See PATER::-IITY SUIT.

parental access See VISITATION (2).

parental consent See CONSENT (1).

parental consent Consent given on a minor's behalfby at least one parent, or a legal guardian, or by another person properly authorized to act for the minor, for the minor to engage in or submit to a specified activity.

parental consortium A parent's society, affection, and companionship given to a child.

parental consortium See CONSORTIUM.

parental functions See PARENTING FUNCTIONS.

parental immunity See IMMUNITY (2).

parental immunity 1. The principle that children cannot sue their parents, and that parents cannot sue their children, for tort claims. This tort immunity did not exist at English common law; it was created by American courts, first appearing in Hewellette v. George, 9 So. 885 (Miss. 1891). Many courts have abolished the doctrine for some purposes, such as actions by unemancipated minors against parents to recover for injuries sustained in motor-vehicle accidents. See, e.g., Merrick v. Sutterlin, 610 P.2d 891 (Wash. 1980) (en bane). Nor does the immunity apply when an injury is inflicted by the parent or child through willful, wanton, or criminal conduct. See, e.g., Nudd v. Matsoukas, 131 N.E.2d 525 (Ill. 1956). Also termed parent-child immunity; parental-immunity doctrine. 2. The principle that parents are not liable for damages caused by the ordinary negligence of their minor child. Cf. PARENTAL-LIABILITY STATUTE. 3. Criminal law. Freedom from prosecution granted by the government in exchange for the person's testi mony. By granting immunity, the government can compel testimony despite the Fifth Amendment right against self-incrimination - because that testimony can no longer incriminate the witness.

parental kidnapping The kidnapping of a child by one parent in violation of the other parent"s custody or visitation rights. See PARENTAL KIDNAPPING PREVENTION ACT.

parental kidnapping See KIDNAPPING.

Parental Kidnapping Prevention Act A federal law, enacted in 1980, proViding a penalty for child-kidnapping by a noncustodial parent and requiring states to recognize and enforce a child-custody order rendered bv a court of another state. 28 USCA § 1738A; 42 USCA §§ 654, 655, 663. Abbr. PKPA. Cf. UNIFORM CHILD CUSTODY JURISDICTION ACT; FEDERAL KIDNAPPING ACT.

parental rights A parent s rights to make all decisions concerning his or her child, including the right to determine the child s care and custody, the right to educate and discipline the child, and the right to control the child s earnings and property. See TERMINATION OF PARENTAL RIGHTS.

parental-alienation syndrome See PARENT-ALIENATION SYNDROME.

parental-autonomy doctrine The principle that a parent has a fundamental right to raise his or her child and to make all decisions regarding that child free from governmental intervention, unless (1) the child s health and welfare are jeopardized by the parent s decisions, or (2) public health, welfare, safety, and order are threatened by the parent s decisions. The Supreme Court first recognized the doctrine ofparental autonomy over the family in Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625 (1923). Also termed Jamily-autonomy doctrine. Cf. PARENTAL-PRIVILEGE DOCTRINE.

parental-consent statute A statute that requires a minor to obtain his or her parent s consent before receiving elective medical treatment, such as an abortion. Without parental consent, a physician or other medical professional commits a battery upon a child when giving nonemergency medical treatment. To pass constitutional muster, a parental-consent statute must include a judicial-bypass provision. Planned Parenthood oj Southeastern Pa. v. Casey, 505 U.S. 833, 112 S. Ct. 2791 (1992). Also termed parental-consent treatment statute. See JUDICIAL-BYPASS PROVISION. Cf. PARENTAL-NOTIFICATION STATUTE; MATURE-MINOR DOCTRINE.

parental-consent treatment statute See PARENTALCONSENT STATUTE.

parental-discipline privilege A parent s right to use reasonable force or to impose reasonable punishment on a child in a way that is necessary to control train, and educate. Several factors are used to determine the reasonableness of the action, including whether the actor is the parent; the child s age, sex, and physical and mental state; the severity and foreseeable consequences of the punishment; and the nature of the misconduct. Cf. PARENTAL-PRIVII-EGE DOCTRINE.

parent-alienation syndrome A situation in which one parent has manipulated a child to fear or hate the other parent; a condition resulting from a parent s actions that are designed to poison a child s relationship with the other parent. Some mental-health specialists deny that this phenomenon amounts to a psychological syndrome. Also termed parental-alienation syndrome.

parental-immunity doctrine See parental immunity (1) under IMMUNITY (2).

parental-liability statute A law obliging parents to pay damages for torts (esp. intentional ones) committed bv their minor children. All states have these laws, but most limit the parents monetary liability to about $3,000 per tort. Parents can also be held criminally liable for the acts of their children. One group of laws is aimed at contributing to the delinquency and endangering the welfare ofa minor. More recently, the laws have been directed at improper supervision and failure to supervise. The first law aimed at punishing parents for the acts of their children was enacted in Colorado in 1903. Bv 1961 all buttwo states had enacted similar laws. At lest five states make it a felony for a parent to intentionally, knowingly, and recklessly provide a firearm to a child, or permit the child to handle a firearm, when the parent is aware of a substantial risk that the child will use the weapon to commit a crime. Also termed parental-responsibility statute; failure-to-supervise statute. Cf. PARENTAL-RESPONSI¬BILITY STATUTE.

parental-notification statute A law that requires a physician to notify a minor s parent of her intention to have an abortion. Cf. PARENTAL-CONSENT STATUTE.

parental-preference doctrine The principle that custody of a minor child should ordinarily be granted to a fit parent rather than another person. The preference can be rebutted by proof that the child s best interests are to the contrary. Also termed parental-rights doctrine; parental-superior-rights doctrine; parental presumption rule. Cf. BEST INTERESTS OF THE CHILD.

parental-presumption role See PARENTAL-PREFERENCE DOCTRINE.

parental-privilege doctrine The parent s right to discipline his or her child reasonably, to use reasonable child-rearing practices free of governmental interference, and to exercise decision-making authority over the child. Cf. PARENTAL-AUTONOMY DOCTRINE; PARENTAL-DISCIPLINE PRIVILEGE.

parental-responsibility statute 1. A law imposing criminal sanctions (such as fines) on parents whose minor children commit crimes as a result of the parents failure to exercise sufficient control over them. Also termed control-your-kid law. 2. PARE:-.fTAL-LIABILITY STATUTE.

parental-rights doctrine See PARENTAL-PREFERENCE DOCTRINE.

parental-superior-rights doctrine See PAREKTAL-PREFERENCE DOCTRINE.

parent-child immunity See parental immunity (1) under IMMUNITY (2).

parent-child relationship See RELATIONSHIP.

parent-child relationship The association between an adult and a minor in the adult s care, esp. an offspring or an adoptee. The relationship imposes a high duty of care on the adult, including the duties to support, to rescue, to supervise and control, and to educate.

parentela (par-an-tee-la), n. pl. [Law Latin]. Persons who can trace descent from a common ancestor.

parentelic method (par-an-tee-lik or -tel-ik). A scheme of computation used to determine the paternal or maternal collaterals entitled to inherit when a childless intestate decedent is not survived by parents or their issue. Under this method, the estate passes to grandparents and their issue; if there are none, to greatgrandparents and their issue; and so on down each line until an heir is found. The Uniform Probate Code uses a limited parentelic system: it looks first to the grandparents and their issue, but if no heir is found in that line, the search ends and the estate escheats to the state. See DEGREE (5). Cf. GRADUAL METHOD.

parentfiling date See effective filing date.

parenticide (pa-ren-ta-sId). 1. The act of murdering one s parent. 2. A person who murders his or her parent. parenticidal, adj.

parenting 1. Performance of the functions of a parent. 2. One or more methods of child-rearing.

parenting agreement See PARENTING PLAN.

parenting function A task that serves the direct or dayto-day needs of a child or of a child s family. Parenting functions include providing necessaries, making decisions about the child s welfare, and maintaining the family residence. Cf. CARETAKING FUNCTIONS.

parenting plan A plan that allocates custodial responsibility and decision-making authority for what serves the child s best interests and that provides a mechanism for resolving any later disputes between parents. Also termed parenting agreement. See CUSTODY (2); CUSTODIAL RESPONSIBILITY; DECISION-MAKING RESPONSIBILITY.

parenting time See VISITATION.

parent-subsidiary freezeout A transaction in which a parent company uses its majority ownership in a subsidiary to acquire the minority shareholders' interest.

parent-subsidiary freezeout See FREEZEOUT.

pares curiae (par-eez kyoor-ee-ee). [Law Latin peers of the court"]. A lord s tenants who sat in judgment of a fellow tenant.

pares curtis (par-eez kar-tis). [Law Latin]. The peers of the court. Also termed pares curiae. The lord was, in early times, the legislator and judge over all his feudatories: and therefore the vassals of the inferior lords were bound by their fealty to attend their domestic courts baron, (which were instituted in every manor or barony. for doing speedy and effectual justice to all the tenants) in order as well to answer such complaints as might be alleged against themselves, as to form ajury or homage for the trial of their fellow-tenants; and upon this account, in all the feodal institutions both here and on the continent, they are distinguished by the appellation of the peers of the court; pares curtis, or pares curiae. 2 William Blackstone, Commentaries on the Laws of Eng/and 54 (1766).

pares regni (par-eez reg-nil. [Law Latin]. Peers of the realm.

Pareto optimality (pd-ray-toh or pa-ret-oh), An economic situation in which no person can be made better off without making someone else worse off. The term derives from the work of Vilfredo Pareto (l848-1923), an Italian economist and sociologist. Pareto optimal, adj.

Pareto superiority An economic situation in which an exchange can be made that benefits someone and injures no one. When such an exchange can no longer be made, the situation becomes one of Pareto optimality. Pareto-superior, adj.

pari causa, in See IN PARI CAUSA.

pari delicto, in See IN PARI DELICTO.

pari materia, in See IN PARI MATERIA.

pari passu (pahr-ee pahs-oo or pair- i, pair-ee, or par-ee pas-[y]oo). [Latin «by equal step"] Proportionally; at an equal pace; without preference <creditors of a bankrupt estate will receive distributions pari passu>.

pari ratione (pair-I ray-shee-oh-nee or rash-ee-oh-nee). [Latin] Roman & civil law. For the like reason; by like mode of reasoning.

paries communis (pair-ee-eez ka-myoo-nis). [Latin] A common wall; a party wall.

paries oneri ferenda, uti nunc est, ita sit (pair-ee-eez on-dr-i fa-ren-doh, yoo-ti nangk est, i-ta sit). [Latini Roman law. The wall for bearing the burden, as it now is, so let it be. The phrase constituted the urban servitude oneris ferendi. See ONERIS FERENDI; JUS ONERIS FERENDI; servitus oneris ferendi under SERVITUS.

parimutuel betting (par-i-myoo-choo-al). A system of gambling in which bets placed on a race are pooled and then paid (less a management fee and taxes) to those holding winning tickets.

Paris Additional Act An 1896 amendment to the Berne Convention extending copyright protection to photographs as derivative works.

Paris Convention See PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

Paris Convention for the Protection of Industrial Property A treaty designed to unify and streamline patent prosecutions and trademark applications among the signatories. The Convention eased the harsh effects of the first-to-file priority rule by allowing an applicant in any member country one year in which to apply in other member countries while maintaining the application s original priority date. It also banned patent-protection discrimination against residents of other member nations. Now administered bv the World Intellectual Property Organization, an agency of the United Nations, the Convention was first signed in 1883, revised most recently in 1967, and amended in 1970. - Also termed Paris Industrial Property Convention. Often shortened to Paris Convention. "The 1883 Paris Convention for the Protection of Industrial Property is the cornerstone of the international patent granting system_ It represents the first efforts of several countries to adopt a common approach to industrial property. The fundamental principles of right of priority and national treatment set out by the Convention have been of capital importance to the internationalization of intellectual property rights over the last century. Marta Pertegas Sender, Cross-Border Enforcement of Patent Rights 4 (2002).

Paris Industrial Property Convention See PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY.

parish 1. In Louisiana, a governmental subdivision analogous to a county in other U.S. states. 2. A division of a town or district, subject to the ministry of one pastor

parish court See county court.

parish court See county court under COURT.

parium judicium (pair-ee-am joo-dish-ee-am). [Law Latin] The judgment of peers; trial by a jury of one peers or equals.

Parker doctrine See STATE-ACTION DOCTRINE

parking 1. The sale of securities subject to an agreement that the seller will buy them back at a later time for a similar price. Parking is illegal if done to circumvent securities regulations or tax laws. It is often a method of evading the net-capital requirements of the National Association of Securities Dealers (NASD), which requires a brokerage firm to discount the value of any stock it holds in its own account when it files its monthly report about its net-capital condition. To reach technical compliance with the NASD s net-capital requirements, a brokerage firm sells stock from its own account to a customer at market price, thereby avoiding the discount for reporting purposes. Having filed its report, it can then buy the shares back from the customer, usu. at the same price at which it sold the stock, plus interest. 2. The placement of assets in a safe, short term investment while other investment opportunities are being considered. Also termed (in sense 1) stock-parking.

parking-lot rule The principle that workers compensation insurance covers the injuries suffered by an employee on the employer s premises when the employee is arriving at or leaving work. Also termed premises rule.

parliament The supreme legislative body of some nations; esp. (cap.), in the United Kingdom, the national legislature consisting of the monarch, the House of Lords, and the House of Commons.

parliament The supreme legislative body of some nations; esp. (cap.), in the United Kingdom, the national legislature consisting of the monarch, the House of Lords, and the House of Commons.

Parliament House The building in Edinburgh that is the site of the Court of Session, the High Court ofJusticiary, the attendant offices of both courts, and the library of the Faculty of Advocates.

parliamentarian A consultant trained in parliamentary law who advises the chair and others on matters of parliamentary law and procedure. The parliamentarian, who is often a professional, only advises and never rules on procedural issues. See parliamentary law under PARLIAMENTARY (2); parliamentary procedure under PARLIAMENTARY (2). The parliamentarian is a consultant, commonly a professional, who advises the president and other officers, committees, and members on matters of parliamentary procedure. The parliamentarian s role during a meeting is purely an advisory and consultative one - since parliamentary law gives to the chair alone the power to rule on questions of order or to answer parliamentary inquiries. After the parliamentarian has expressed an opinion on a point, the chair has the duty to make the final ruling and, in doing so, has the right to follow the advice of the parliamentarian or to disregard it." Henry M. Robert, Robert s Rules of Order Newly Revised § 47, at 449-50 (10th ed. 2002).

parliamentary 1. Of or relating to a parliament. 2. Parliamentary law. Of or relating to rules of order for the conduct of business in deliberative assemblies.

parliamentary authority A parliamentary manual that an organization has adopted for its deliberations, and whose provisions govern the organization in every case to which they apply, as long as they are consistent with law and with the organization s governing documents. See PARLIAMENTARY MANUAL.

parliamentary diplomacy See DIPLOMACY.

parliamentary diplomacy The negotiations and discussions carried out in international organizations according to their rules of procedure.

parliamentary divorce See legislative divorce under DIVORCE.

parliamentary divorce See legislative divorce.

parliamentary inquiry See INQUIRY.

parliamentary inquiry An inquiry that asks a question about procedure. 3. A writ to assess damages by the sheriffor sheriffs deputies.

parliamentary intent See LEGISLATIVE INTENT.

parliamentary law The body of rules and precedents governing the proceedings of legislative bodies and other deliberative assemblies. Also termed parliamentary procedure. "Thomas Jefferson speaks of the Parliamentary branch of the law. From this country s beginning, it has been an underlying assumption of our culture that what has been authoritatively established as parliamentary law is law - in the sense of being binding within all assemblies except as they may adopt special rules varying from the general parliamentary law." Henry M. Robert, Robert s Rules of Order Newly Revised xxvi (10th ed. 2000). "Parliamentary law differs somewhat from the other branches of common law in that it is based in an important measure upon precedents of legislative and administrative bodies. Particularly in America, however, where the courts have the power to make final decisions on all constitutional questions, the law has been evolving upon the basis of court deCisions, and a considerable volume of judicial precedents has accumulated. The application of parliamentary rules to new situations is subject to the same rules of reasoning as the application of established common law rules to new legal situations. National Conference of State Legislatures, Mason s Manual of Legislative Procedure § 44, at 40-41 (2000).

parliamentary manual A code or reference, usu. a commercially published book, that contains parliamentary rules and is offered for adoption by organizations as their parliamentary authority. The leading parliamentary manuals in print in the United States are Robert s Rules of order Newly Revised for nonlegislative bodies, and Mason s Manual ofLegislative Procedure for state legislatures. Cf. PARLIAMENTARY AUTHORITY.

parliamentary motion See MOTION (2).

parliamentary practice See PARLIAMENTARY PROCEDURE.

parliamentary privilege See PRIVILEGE (1).

parliamentary privilege 1. See legislative privilege. 2. PRIVILEGE (5).

parliamentary privilege 1. A privilege under parliamentary law. 2. See legislative privilege under PRIVILEGE (1).