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parliamentary procedure 1. PARLIAMENTARY LAW. 2. Parliamentary law as applied in a particular organization, including the parliamentary authority and other rules that the organization adopts. Also termed parliamentary practice.

parliamentary will See WILL.

parliamentum insanum See MAD PARLIAMENT.

parody Intellectual property. A transformative use of a well-known work for purposes of satirizing, ridiculing, critiquing, or commenting on the original work, as opposed to merely alluding to the original to draw attention to the later work. In constitutional law, a parody is protected as free speech. In copyright law, a work must meet the definition of a parody and be a fair use of the copyrighted material, or else it may constitute infringement. See FAIR USE. Trademark parodies, even when offensive, do convey a message. The message may be simply that business and product images need not always be taken too seriously; a trademark parody reminds us that we are free to laugh at the images and associations linked with the mark. L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 34 (1 st Cir. 1987) (per Bownes, j.). We do not, of course, suggest that a parody may not harm the market at all, but when a parody, like a scathing theater review, kills demand for the original, it does not produce a harm cognizable under the Copyright Act. Because parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically the role of the courts is to distinguish between biting criticism [that merely] suppresses demand [and] copyright infringementL which] usurps it. Campbell v. Acuff-Rose Music, Inc. 510 U.S. 569, 591, 1145.0.1164,1178 (1994)(Souter,J.) (citations omitted).

parol (pa-rohl or par-al), adj. 1. Oral; unwritten <parol evidence>. 2. Not under seal <parol contract>.

parol (pa-rohl or par-al), 1. An oral statement or declaration. 2. The oral pleadings in a case. Anciently pleadings were conducted in court orally, and the whole pleadings were called the parol: but for centuries the pleadings in civil actions have been required to be in writing. Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 178-79 (2d ed. 1899). parol agreement. See parol contract (1) under CONTRACT.

parol arrest (pa-rohl or par-al). An arrest ordered by a judge or magistrate from the bench, without written complaint, and executed immediately, such as an arrest of a person who breaches the peace in open court. See CONTEMPT.

parol arrest See ARREST.

parol contract (pa-rohl or par-al). 1. A contract or modification of a contract that is not in writing or is only partially in writing. Also termed oral contract; parol agreement; (loosely) verbal contract. 2. At common law, a contract not under seal, although it could be in writing. Also termed informal contract; simple contract. See PAROL-EVIDENCE RULE.

parol contract See CONTRACT.

parol demurrer A suspension of proceedings during the minority of an infant.

parol demurrer See DEMURRER.

parol evidence See EVIDENCE.

parol evidence (pa-rohl or par-al). 1. Evidence of oral statements. 2. See extrinsic evidence (1). See PAROL-EVIDENCE RULE.

parol lease See LEASE.

parol trust See oral trust (1) under TRUST.

parole (pa-rohl), The conditional release of a prisoner from imprisonment before the full sentence has been served. Although not available under some sentences, parole is usu. granted for good behavior on the condition that the parolee regularly report to a supervising officer for a specified period. Cf. PARDON; PROBATION (1). parole, vb. The essence of parole is release from prison, before completion of the sentence, on condition that the prisoner abide by certain rules during the balance of the sentence. Parole is not freedom. 59 Am. Jur. 2d Pardon and Parole § 6 (1987).

parole board A governmental body that decides whether prisoners may be released from prison before completing their sentences. Also termed board of parole; parole commission.

parole revocation The administrative or judicial act of returning a parolee to prison because of the parolee s failure to abide by the conditions of parole (as by committing a new offense).

parolee (pa-roh-Iee). A prisoner who is released on parole.

parol-evidence rule The common-law principle that a writing intended by the parties to be a final embodiment of their agreement cannot be modified by evidence of earlier or contemporaneous agreements that might add to, vary, or contradict the writing. This rule usu. operates to prevent a party from introducing extrinsic evidence of negotiations that occurred before or while the agreement was being reduced to its final written form. See INTEGRATION (2); MERGER (2). Cf. FOUR-CORNERS RULE. "The basic principle is often called the parol evidence rule and according to this rule evidence is not admissible to contradict or qualify a complete written contract. The rule is usually stated in the form of a rule of evidence, but it is probably best regarded as a rule of substantive law. The question is not really whether evidence can be admitted which might vary the written document, but whether, if the evidence is admitted, itwill have the legal effect of varying the document. P.S. Atiyah, An Introduction to the Law of Contract 161-62 (3d ed. 1981). The parol evidence rule assumes that the formal writing reflects the parties minds at a point of maximum resolu¬ tion and, hence, that duties and restrictions that do not appear in the written document, even though apparently accepted at an earlier stage, were not intended by the parties to survive. In addition, and quite apart from the surVival of matters discarded in the course of negotiations, there is the obvious danger of outright fraud. Marvin A. Chirelstein, Concepts and Case Analysis in the Law of Contracts 82-83 (1990).

parols de ley (pa-rohlz da lay). [Law French] Words of law; technical words.

Parratt-Hudson doctrine The principle that a state actor s random, unauthorized deprivation of someone s property does not amount to a due process violation if the state provides an adequate postdeprivat ion remedy. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908 (1984); Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194 (1984).

parricide (par-a-sid), 1. The act ofkilling a close relative, esp. a parent. 2. One who kills such a relative. Cf. PATRICIDE. parricidal, adj.

parricidium (par-a-sid-ee-am), [Latin] Roman law. 1. The murder of a near relative, esp. a parent. 2. Perhaps in ancient law, the murder of any free citizen. This ancient, broad sense of parricidium gave way in pre-]mperiallaw to homicidium (homicide), which extended to the killing of a slave.

pars (pahrz). [Latin] A party to an action.

pars contractus (pahrz kan-trak-tas). [Law Latin] Part of the contract. Verbal consensual contracts are binding upon the contracting parties immediately upon their consents being interchanged, and neither of them can afterwards resile from the transaction. But if it be agreed that their contract shall be reduced to writing, such agreement being pars contractus, the contract is not finally entered into, nor does it become binding, until the writing has been executed. John Trayner, Trayner s Latin Maxims 436 (4th ed. 1894).

pars ejusdem negotii (pahrz ee-jas-dam ni-goh-shee-I). [Latin] Part of the same transaction. The phrase refers, for example, to an obligation attached to a condition, both ofwhich must be considered together to constitute one transaction.

pars enitia (pahrz i-ni-shee-a). [Law Latin oldest s part"]. An oldest child s portion of lands divided by lot.

pars fundi (pahrz fan-dI). [Latin]. Part of the ground.

pars judicis (pahrz joo-di-sis). [Latin]. The part of the judge. The phrase par judicis referred to the judge s obligation to perform the duties of the office. parson. See RECTOR (1).

pars rationabilis (pahrz rah-shee-ohn-ay-bil-is) See YORK, CUSTOM OF.

pars rea (pahrz ree-a). A party defendant.

pars viscerum matris (pahrz vis-ar-am may-tris). [Latin]. Scots law. Part of the mother s body. The phrase appeared in reference to a fetus.

part and pertinent See APPURTENANT.

part payment See PAYMENT.

part payment A buyer s delivery of money or other thing of value to the seller, and its acceptance by the seller, when the money or the value of the thing does not equal the full sum owed.

part performance 1. See PERFORMANCE. 2. See PARTPERFORMANCE DOCTRINE.

parte inaudita (pahr-tee in-aw-dy-ta or in-aw-di-ta). [Latin one side being unheard"] Of or relating to action taken ex parte.

parte non comparente (pahr-tee non kom-pa-ren-tee). The party not having appeared. In civil cases, a party s failure to appear usu. resulted in a default judgment against the defendant. But in criminal cases, the accused s failure to appear raised no presumption of guilt; still, the offender was cited for contempt and made an outlaw. See OUT LAW.

partes beneficii (pahr-teez ben-a-fish-ee-I). [Law Latin]. Parts of a benefice.

partes finis nihil habuerunt (pahr-teez fI-nis m-hil hab¬yoo-eer-ant). [Law Latin "the parties to the fine had nothing"]. A plea to set aside a conveyance of land on grounds that the transferor did not have a sufficient ownership interest in the property to alienate it. Yet where a stranger officiously interferes in an estate which in nowise belongs to him, his fine is of no effect; and may at any time be set aside by pleading that partes finis nihil habuerunt. 2 William Blackstone, Commentaries on the Laws of England 356-57 (1765).

partes soli (pahr-teez soh-li). [Latin]. Parts of the soil.

partial average See particular average under AVERAGE.

partial account See ACCOUNT.

partial account A preliminary accounting of an executor's or administrator's dealings with an estate.

partial assignment The immediate transfer of part but not all of the assignor's right.

partial assignment See ASSIGNMENT (2).

partial breach A breach of contract that is less significant than a material breach and that gives the aggrieved party a right to damages, but does not excuse that party from performance; speci£., a breach for which the injured party may substitute the remedial rights provided by law for only part of the existing contract rights.

partial breach See BREACH OF CONTRACT.

partial defense A defense going either to part of the action or toward mitigation of damages.

partial defense See DEFENSE (1).

partial dependent Workers' compensation. A person whose partial reliance on an employee covered under workers' compensation law for support entitles him or her to receive death benefits if the employee is killed on the job. 2. Tax. A person, such as a child or parent, for whom a taxpayer may be able to claim a personal exemption if the taxpayer provides more than half of the person's support during the taxable year. Besides support, other criteria must be met as welL IRC (26 USCA) § 152. - dependent, adj.

partial dependent See DEPENDENT.

partial disability A worker's inability to perform all the duties that he or she could do before an accident or illness, even though the worker can still engage in some gainful activity on the job.

partial disability See DISABILITY (2).

partial emancipation See EMANCIPATION.

partial emancipation Emancipation that frees a child for only a part of the period of minority, or from only a part of the parent's rights, or for only some purposes.

partial eviction An eviction, either constructive or actual, from a portion of a tenant's premises.

partial eviction See EVICTION.

partial evidence See EVIDENCE.

partial evidence Evidence that establishes one of a series of facts.

partial failure of consideration A party's incomplete pertormance of a contract with multiple, severable performances, so that if some of the performances are not accomplished, the appropriate part of the agreement can be apportioned to whatever has been completed.

partial failure of consideration See FAILURE OF CONSIDERATION.

partial guardian See GUARDIAN.

partial guardian A guardian whose rights, duties, and powers are strictly limited to those specified in a court order.

partial insanity See diminished capacity under CAPACITY (3),

partial insanity See diminished capacity under CAPACITY (3).

partial integration The fact or state of not fully expressing the parties intent. Parol (extrinsic) evidence is admissible to clear up ambiguities with respect to the terms that are not integrated. 3. Wills & estates. The combining of more than one writing into a single document to form the testators last will and testament. The other writing must be present at the time of execution and intended to be included in the will. The issue of integration is more complicated when it concerns a holographic will, which may be composed of more than one document written at different times. 4. The incorporation of different races into existing institutions (such as public schools) for the purpose of reversing the historical effects of racial discrimination. Cf. DESEGREGATION. 5. Antitrust. A firms performance of a function that it could have obtained on the open market. A firm can achieve integration by entering a new market on its own, by acquiring a firm that operates in a secondary market, or by entering into a contract with a firm that operates in a secondary market. - Also termed vertical integration. See vertical merger under MERGER.

partial integration See INTEGRATION (2).

partial interdiction The partial removal of ones right to care for oneself and ones affairs or estate because of mental incapacity. Also termed limited interdiction.

partial interdiction See INTERDICTION (3).

partial intestate One who has died with a valid will that does not dispose of all of his or her net probate estate.

partial intestate See INTESTATE.

partial law A statute deSigned (usu. intentionally) to affect the rights of only one particular person or only certain classes of people, rather than all people.

partial law See LAW.

partial limitation A policy provision in which the insurer agrees to pay a total loss if the actual loss exceeds a specified amount.

partial liquidation See LIQUIDATION.

partial loss See LOSS.

partial pardon See PARDON.

partial pardon A pardon that exonerates the offender from some but not all of the punishment or legal consequences of a crime.

partial release See RELEASE.

partial release A release of a portion of a creditor s claims against property; esp., a mortgagee s release of specified parcels covered by a blanket mortgage.

partial responsibility See diminished capacity under CAPACITY (3).

partial summary judgment See SUMMARY JUDGMENT.

partial summary judgment A summary judgment that is limited to certain issues in a case and that disposes of only a portion of the whole case. Also termed summary adjudication.

partial truce See special truce under TRUCE.

partial verdict See VERDICT.

partial zoning See ZONING.

partial-birth abortion See ABORTION.

partial-birth abortion An abortion in which a fetus is partly extruded from the womb and then destroyed.

partially integrated contract See INTEGRATED CONTRACT.

partially disclosed principal See PRINCIPAL (1).

partially disclosed principal A principal whose existence - but not actual identity is revealed by the agent to a third party.

partially integrated contract An agreement in which some, but not all, of the terms are integrated; any agreement other than a completely integrated agreement.

partial-release clause See CLAUSE.

partial-release clause A provision in a mortgage or trust deed allowing a certain property or portions of a property to be removed from the effect of a lien in exchange for an agreed payment. This clause is often found in mortgages or trust deeds for properties covered by blanket liens, such as subdivisions or condominiums.

partiarius (pahr-shee-air-ee-as), n. & adj. [Latin] Roman law. 1. A legatee entitled to a portion of an inheritance along with the appointed heirs. 2. A tenant who is bound to hand over a portion of the crop in lieu of rent.

particeps (pahr-ta-seps), n. [Latin] 1. A participant. 2. A part owner.

particeps criminis (pahr-ta-seps krim-a-nis), n. [Latin partner in crime]. 1. An accomplice or accessory. See ACCESSORY. PI. participes criminis (pahr-tisa-peez). The courts of justice will allow the objection that the consideration ofthe contract was immoral or illegal to be made even by the gUilty party to the contract, for the allowance is not for the sake of the party who raises the objection, but is grounded on general principles of policy. A particeps criminis has been held to be entitled, in equity, on his own application to relief against his own contract, when the contract was illegal, or against the policy of the law, and relief became necessary to prevent injury to others. 2 James Kent, Commentaries on American Law 467 (George Comstock ed., 11th ed. 1866). Even in felonies but little practical importance now attaches to the distinctions between the first three of these four classes of accomplices a term which the law applies to all the participes criminis, whatever their degree of complicity in the offence, though popular use generally limits it to those who take only a minor part. For the maximum punishment prescribed for any given crime is the same in the case of all three classes. w. Cecil Turner, Kenny Outlines of Criminal Law 90 (16th ed. 1952). 2. The doctrine that one participant in an unlawful activity cannot recover in a civil action against another participant in the activity. This is a civil doctrine only, having nothing to do with criminal responsibility. Cf IN PARI DELICTO DOCTRINE.