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per fas aut nefas (par fas awt nee-fas). [Latin]. By lawful or unlawful means.

per feloniam (par fa-loh-nee-am). [Latin]. With criminal intent.

per formam doni (par for-mam doh-ar). [Law Latin] By the form of the gift; by the designation of the giver rather than by operation of law.

per fraudem (par fraw-dam), adv. [Latin] By fraud; fraudulently.

per incuriam (par in.kyoor-ee-dm), adj. (Of a judicial decision) wrongly decided, usu. because the judge or judges were ill-informed about the applicable law. There is at least one exception to the rule of stare decisis, refer to judgments rendered per incuriam. A judgment per incuriam is one which has been rendered inadver. tently. Two examples come to mind: first, where the judge has forgotten to take account of a previous decision to which the doctrine of stare decisis applies. For all the care with which attorneys and judges may comb the case law, errare humanum est, and sometimes a judgment which clarifies a point to be settled is somehow not indexed, and is forgotten, It is in cases such as these that ajudgment rendered in contradiction to a previous judgment that should have been considered binding, and in ignorance of that judgment, with no mention of it, must be deemed rendered per incuriam; thus, it has no authority. The same applies to judgments rendered in ignorance of leg islation of which they should have taken account. For a judgment to be deemed per incuriam, that judgment must show that the legislation was not invoked, Louis-Philippe Pigeon, Drafting and Interpreting Legislation 60 (1988).

per insidias et industriam (par in-sid-ee-as et in-das¬tree-am), [Latin]. By stratagem and on purpose; intentionally.

per legem terrae (par lee-jam ter-ee). [Law Latin] By the law of the land; by due process of law.

per membra curiae (par mem-bra kyoor-ee-ee). [Law Latin]. By members of the court.

per metas et bundas (par mee-tas et ban-das). [Law Latin] By metes and bounds.

per minas See duress per minas under DURESS.

per mitter l estate (par mit-ar la-stayt). [Law French]. By passing the estate. This described the manner in which a joint tenant s right to an entire estate arose when the tenant received the remaining estate from the other joint tenant.

per mitter le droit (par mit-ar la droyt). [Law French]. By passing the right. This described how releases became effective, as when a person disseised of land released the estate to the disseisor, at which time the right and possession combined to give the disseisor the entire estate.

per modum exceptionis (par moh-dam ek-sep-shee-oh¬nis). [Latin). By way of exception.

per modum gratiae (par moh-dam gray-shee-ee). [Latin]. By way of favor.

per modum justitiae (par moh-dam jas-tish-ee-ee). [Latin]. By way of justice.

per modum poenae (par moh-dam pee-nee). [Latin]. By way of penalty.

per modum simplicis querelae (par moh-dam sim¬pli-sis kwa-ree-lee). [Law Latin] Scots law. By way of simple complaint. Some actions could be brought by a complaint unaccompanied by formal summons.

per my et per tout (par mee ay par too[t]). [Law French] By the half and by the whole. This phrase described the estate held by joint tenants: by the hallfor purposes ofsurvivorship, by the whole for purposes ofalienation. Cf. PER TOUT ET NON PER MY.

per procurationem (par prok-ya-ray-shee-oh-nam). [Latin] By proxy. Abbr. per pro.; p. proc.; p. pro.; p.p. Also termed per procuration.

per quae servitia (par kwee sar-vish-ee-a). [Latin "by which services"]. A real action by which the grantee of a landed estate could compel the tenants of the grantor to attorn to him. This action was abolished in the 19th century.

per quod (par kwod), adv. & ad). [Latin "whereby"]. Requiring reference to additional facts; (of libel or slander) actionable only on allegation and proof of special damages. See actionable per quod under ACTIONABLE; libel per quod under LIBEL; slander per quod under SLANDER.

per quod consortium amisit (par kwod kan-sorshee-am a-mi-zit). [Law Latin]. Whereby he lost the company (of his Wife). This phrase was used in a trespass declaration to describe the loss suffered by a husband whose wife had been beaten or otherwise abused.

per quod servitium amisit (par kwod sar-vish-ee-am a-mi-zit). [Law Latin]. Whereby he lost the services (of his servant). This phrase was used in a trespass declaration to describe the loss suffered by a master whose servant had been injured by another.

per rescriptum principis (par ri-skrip-tam prin-si¬pis). [Latin] Roman law. By the prince s rescript; by an imperial written reply to a petition.

per saltum (par sal-tam). [Latin]. Bya leap; without an intermediate step.

per se (par say), adv. & adj. [Latin]. 1. Of, in, or by itself; standing alone, without reference to additional facts. See actionable per se under ACTIONABLE; libel per se under LIBEL; slander per se under SLANDER. 2. As a matter oflaw.

per se deadly weapon See deadly weapon per se under WEAPON.

per se rule The judicial principle that a trade practice violates the Sherman Act simply if the practice is a restraint of trade, regardless of whether it actually harms anyone. See SHERMAN ANTITRUST ACT. Cf. RULE OF REASON.

per se violation A trade practice (such as price-fixing) that is considered inherently anticompetitive and injurious to the public without any need to determine whether it has actually injured market competition.

per stirpes (par star-peez), adv. & adj. [Latin "by roots or stocks"]. Proportionately divided between beneficiaries according to their deceased ancestor s share. Also termed in stirpes; per stirpem. Cf. PER CAPITA.

per subsequens matrimonium (par sab-sa-kwenz ma-tra-moh-nee-am). [Latin] Roman & civil law. By subsequent marriage. The phrase often referred to a child s legitimation by the later marriage ofthe child s parents.

per tacitam reconventionem (par taa-a-tam ree-kan¬ven-shee-oh-nam). [Latin]. Bya tacit renewal of the contract.

per tacitam relocationem (par taa-a-tam ree-loh-kay¬shee-oh-nam). [Latin]. By tacit relocation. See TACIT RELOCATION.

per totam curiam (par toh-tam kyoor-ee-am). [Law Latin] By the whole court.

per tout et non per my (par too[t] ay non par mee). [Law French] By the whole and not by the half. This phrase described the estate given to a husband and wife both are seised of the entire estate. Cf. PER MY ET PER TOUT.

per universitatem (par yoo-na-var-sa-tay-tam). [Latin]. Civil law. By an aggregate or whole; as an entirety. This term describes the acquisition of an entire estate, esp. of an entire inheritance by universal succession.

per venditionis, donation is, cession is, vel commutatio nis titulum (par ven-dish-ee-oh-nis, doh-nay-shee-oh¬nis, sesh-ee-oh-nis, vel kom-ya-tay-shee-oh-nis tich-[y] a-lam). [Law Latin] Hist. By the title of sale, donation, cession, or barter. Per venditionis, donation is, cession is, vel commutationis titulum. These terms were used in the older forms of conveyancing, to distinguish lands so acquired from lands acquired either by inheritance or feudal grant. They signify what is now known by the name of a singular title." John Trayner, Travner Latin Maxims 452 (4th ed. 1894.).

per verba de futuro By words in the future tense.

per verba de futuro cum copula A promise of marriage in the future given to a person with whom the promisor is currently engaged in a sexual relationship. A few states recognize the formation of a common-law marriage under these circumstances. See common-law marriage under MARRIAGE (1).

per verba de praesenti By words in the present tense.

per vim legis (par vim lee-jis). [Latin]. By force of law. The phrase generally referred to persons who succeeded by intestacy to an estate.

per vivam vocem (par vi-vam voh-sam). [Law Latin] By the living voi

per voluntatem hominis (par vol-an-tay-tam hom-a-nis). [Latin]. By the will of man. The phrase appeared in reference to an act done by the testator s intention.

perambulation The act or custom of walking around the boundaries of a piece ofland, either to confirm the boundaries or to preserve evidence of them.

perambulatione facienda See DE PERAMBULATIONE FACIENDA.

percentage depletion Oil & gas. A method of allowing a taxpayer who owns an economic interest in a producing oil or gas well to deduct a specified percentage of the gross income from the well in lieu of depleting the actual basis. 26 USCA § 611. Cf. COST DEPLETION.

percentage game See GAME.

percentage game A game of chance from which the house collects an amount calculated as a percentage of the wagers made or the sums won. Percentage games are illegal in many states.

percentage lease See LEASE.

percentage of completion method An accounting method in which revenue is recognized gradually during the completion of the subject matter of the contract.

percentage order See ORDER (8).

percentage order An order to buy or sell a stated amount of a certain stock after a fixed number of shares of the stock have traded.

percentage-of-completion method See ACCOUNTING METHOD.

percepti sed non consumpti (par-sep-ti sed non an-samp-ti). [Latin]. I;ruits gathered but not consumed.

perception 1. An observation, awareness, or realization, usu. based on physical sensation or experience; appreciation or cognition. The term includes both the actor s knowledge of the actual circumstances and the actor s erroneous but reasonable belief in the existence of nonexistent circumstances. 2. Roman & civil law. The act of taking into possession (as rents, profits, etc.), esp. by a bona fide possessor or usufructuary. Also termed (in Roman law) perceptio (par-sep-shee-oh).

percipient witness See WITNESS.

percolating water See WATER.

perdonatio utlagariae (par-da-nay-shee-oh at-la-gair-ee-ee). [Law Latin "pardon of outlawry"]. A pardon given to a person outlawed for failing to obey a court s summons. A person who voluntarily surrendered was eligible for this type of pardon.

perduellio (par-d[y]oo-el-ee-oh), n. [Latin "treason"] Roman law. The crime of hostility to one s native country; treasonous conduct, such as joining the enemy or deserting the battlefield. This term corresponds to the English phrase high treason. In the Roman republic, several acts might constitute perduellio, such as assuming regal power; trying to subvert, by violence, the established form of government, esp. by fomenting internal rebellion; and promoting the designs of external foes. Perduellio was later absorbed into a broader category ofcrimes against the state, the crimen laesae majestatis. Also termed (in English) perduellion (par-d[y]oo-el-yan). See CRIMEN MAJESTATIS.

perdurable (par-d[y]uur-a-bal), adj. (Of an estate in land) lasting or enduring; durable; permanent.

peregrinus (per-i-gri-nas), Roman law. A free person who was not a Roman citizen; a free foreigner. PI. peregrini.

perempt (par-empt), vb. 1. Civil law. To quash, do away with, or extinguish. 2. Slang. To exercise a peremptory challenge.

peremption (par-emp-shan), n. Civil law. A period of time fixed by statute for the existence of a right. If the right is not exercised during this period, it is extinguished. Whereas prescription simply bars a specific remedy, peremption bars the action itself. Cf. PRESCRIPTION (1). See STATUTE OF REPOSE.

peremptoria litis et causae (par-emp-tor-ee-a li-tis et kaw-zee). [Law Latin]. Decisive of the suit and cause. The phrase appeared in reference to peremptory defenses, to which there could be no reply.

peremptory (par-emp-ta-ree), adj. 1. Final; absolute; conclusive; incontrovertible <the king s peremptory order>. 2. Not requiring any shown cause; arbitrary <peremptory \challenges>.

peremptory See peremptory challenge under CHALLENGE (2).

peremptory defense (par-emp-tar-ee). A defense that questions the plaintiff's legal right to sue or contends that the right to sue has been extinguished.

peremptory challenge See CHALLENGE (2).

peremptory challenge One of a party's limited number of challenges that do not need to be supported by a reason unless the opposing party makes a prima facie showing that the challenge was used to discriminate on the basis of race, ethnicity, or sex. At one time, a peremptory challenge could not be attacked and did not have to be explained. But today if discrimination is charged, the party making the peremptory challenge must give a nondiscriminatory reason for striking the juror. The court must consider several factors in deciding whether the proffered reason is merely a screen for illegal discrimination. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712 (1986). Often shortened to peremptory. Also termed peremptory strike; Sight strike under STRIKE (2). See STRIKE (2); Batson challenge under CHALLENGE (I).

peremptory day See DAY.

peremptory day A day assigned for trial or hearing, without further opportunity for postponement.

peremptory defense See DEFENSE (1).

peremptory exception See EXCEPTION (1).

peremptory exception Louisiana law. A defensive pleading asserting that no legal remedy exists for the plaintiffs alleged injury, that res judicata or prescription bars the claim, or that an indispensable party has not been included in the litigation.

peremptory instruction See JURY INSTRUCTION.

peremptory instruction A court"s explicit direction that a jury must obey, such as an instruction to return a verdict for a particular party. See directed verdict under VERDICT.

peremptory mandamus See MANDAMUS.

peremptory norm See JUS COGENS (2).

peremptory plea See PLEA (3)

peremptory plea A plea that responds to the merits of the plaintiffs claim.

peremptory rule See RULE (1).

peremptory rule A court order that must be obeyed without an opportunity to respond. No objections may be lodged or arguments made.

peremptory strike See peremptory challenge under CHALLENGE (2).

peremptory writ See WRIT.

perfect (par-fekt), vb. To take all legal steps needed to complete, secure, or record (a claim, right, or interest); to provide necessary public notice in final conformity with the law <perfect a security interest> <perfect the title>.

perfect attestation clause A testamentary provision asserting that all actions required to make a valid testamentary disposition have been performed.

perfect competition See COMPETITION.

perfect competition A completely efficient market situation characterized by numerous buyers and sellers, a homogeneous product, perfect information for all parties, and complete freedom to move in and out of the market. Perfect competition rarely if ever exists, but antitrust scholars often use the theory as a standard for measuring market performance.

perfect defense A defense that meets all legal requirements and results in the defendant's acquittal. See perfect self-defense under SELF-DEFENSE. Cf. imperfect defense.

perfect defense See DEFENSE (1).

perfect duty A duty that is not merely recognized by the law but is actually enforceable.

perfect duty See DUTY (1).

perfect equity See EQUITY.

perfect equity An equitable title or right that, to be a legal title, lacks only the formal conveyance or other investiture that would make it cognizable at law; esp., the equity of a real-estate purchaser who has paid the full amount due but has not yet received a deed.

perfect grant A grant for which the grantor has done everything reqUired to pass a complete title, and the grantee has done everything required to receive and enjoy the property in fee. Cf. imperfect grant (1). private grant. A grant of real property made to an individual for his or her private use, including the right to sell it. Private grants made by a government are often found in the chains of title for land outside the original 13 states, esp. in former spanish and Mexican possessions. Cf. community grant. 5. SUBSIDY (1).

perfect grant See GRANT.

perfect instrument See INSTRUMENT (3).

perfect instrument An instrument (such as a deed or mortgage) that is executed and filed with a public registry.

perfect obligation See OBLIGATION.

perfect obligation A legally enforceable obligation; one that is recognized and sanctioned by positive law.