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permanent taking See TAKING (2).

permanent taking A governments taking of property with no intention to return it. The property owner is entitled to just compensation.

permanent treaty See TREATY (1).

permanent trespass See TRESPASS.

permanent ward See WARD.

permissible appointee See APPOINTEE.

permissible appointee A person to whom appointive prope'rty may be assigned under a power of appointment. Also termed object of the power of appointment; object of the power; object of a power.

permissihle-repair doctrine See REPAIR DOCTRINE.

permission 1. The act of permitting. 2. A license or liberty to do something; authorization.

permissive abstention Bankruptcy. Abstention that a bankruptcy court can, but need not, exercise in a dispute that relates to the bankruptcy estate but that can be litigated, or is being litigated, in another forum. In deciding whether to abstain, the bankruptcy court must consider (1) the degree to which state law governs the case, (2) the appropriateness of the procedure to be followed in the other forum, (3) the remoteness of the dispute to the issues in the bankruptcy case, and (4) the presence of nondebtor parties in the dispute. 28 USCA § 1334(c)(I).

permissive abstention See ABSTENTION.

permissive counterclaim See COUNTERCLAIM.

permissive counterclaim A counterclaim that need not be asserted to be cognizable, usu. because it does not arise out of the same subject matter as the opposing party's claim or involves third parties over which the court does not have jurisdiction .o Permissive counterclaims may be brought in a later, separate action. See Fed. R. Civ. P. 13(b).

permissive inference See permissive presumption under PRESUMPTION.

permissive joinder The optional joinder of parties if (1) their claims or the claims asserted against them are asserted jointly, severally, or in respect of the same transaction or occurrence, and (2) any legal or factual question common to all of them will arise. Fed. R. Civ. P. 20.

permissive joinder See TOINDER.

permissive presumption See PRESUMPTION.

permissive presumption A presumption that a trier of fact is free to accept or reject from a given set of facts. Also termed permissive inference.

permissive statute A statute that allows certain acts but does not command them. A permissive statute creates a license or privilege, or allows discretion in performing an act. Cf. directory statute; mandatory statute.

permissive statute See STATUTE.

permissive subject of bargaining An employment or collective-bargaining issue, other than a basic employment issue, that is not reqUired to be the subject of collective bargaining but that cannot be implemented by management without union approvaL For example, altering the scope of the bargaining unit does not affect a term or condition of employment, so it is a permissive, instead of mandatory, subject of bargaining. Disagreement on a permissive subject of bargaining cannot be used as the basis for an impasse in negotiating a collective-bargaining agreement, unlike a mandatory subject of bargaining. Often shortened to permissive subject. Cf. MANDATORY SUBJECT OF BARGAINING.

permissive tenant See tenant at sufferance under TENANT.

permissive use See USE (4).

permissive waste See WASTE (1).

permit (par-mit), A certificate evidencing permission; a license <a gun permit>.

permit (par-mit), 1. To consent to formally <permit the inspection to be carried out>. 2. To give opportunity for <lax security permitted the escape>. 3. To allow or admit of <if the law so permits>.

permit bond See license bond under BOND (2).

permit bond See license bond.

permit card. Labor law A document issued by a union to a nonunion member to allow the person to work on a job covered by a union contract.

permittee (par-mi-tee). One who has permission to do something.

permutatio (par-myoo-tay-shee-oh), n. [Latin "exchange"] Roman law. An agreement for barter or exchange. The agreement became binding as soon as one party had transferred ownership of his thing to the other. PI. permutationes (par-myoo-tay-shee¬ oh-neez).

permutation Civil law. Barter; exchange.

pernancy (par-nan-see). A taking or reception, as of the profits of an estate.

pernor of profits (par-nar or -nor). A person who receives the profits of property; one who has the pernancy of the profits

perp (parp), n. Slang. Perpetrator <the police brought in the perp for questioning>. See PERPETRATOR.

perp walk The act of making a suspect in custody walk before an audience, esp. members of the media. Perp is short for perpetrator.

perpars (par-pahrz). [Law Latin, fr. Latin per partes "by parts"] See PURPART.

perparts See PURPART.

perpetrate To commit or carry out (an act, esp. a crime) dind whoever perpetrated this heinous deed>. perpetration, n.

perpetrator A person who commits a crime or offense.

perpetua (par-pech-oo-a). See exceptio peremptoria under EXCEPTIO.

perpetual edict See edictum perpetuum under EDICTUM.

perpetual bond See annuity bond under BOND (3).

perpetual bond See annuity bond.

perpetual edict See edictum perpetuum under EDICTUM.

perpetual freehold An estate given to a grantee for life, and then successively to the grantee's heirs for life. The effect of this type of freehold was to keep land within a family in perpetuity, much like a fee tail. "It took the form of a grant 'to A for life, remainder to A's son for life, remainder to that son's son for life', and so on ad infinitum. Such a limitation, if valid, would have been an effective substitute for the fee tail. The courts, however, set their face against this 'perpetual freehold' (as it was sometimes termed), and in Lovelace v. Lovelace (1 S8S) it was held that remainders which did not vest before the determination of the first life estate would fail ex post facto. Subsequently a number of other, not entirely convincing, reasons were found for invalidating perpetual freeholds, ultimately culminating in what is sometimes termed the old' rule against perpetuities, but, more commonly, the rule in Whitby v. Mitchell, taking its name from the case which marked its emphatic reiteration." Peter Butt, Land Law 136 (2d ed. 1988).

perpetual freehold See FREEHOLD.

perpetual injunction See permanent injunction.

perpetual injunction See permanent injunction under INJUNCTION.

perpetual lease See LEASE.

perpetual policy See INSURANCE POLICY.

perpetual policy An insurance policy that remains effective without renewal until one of the parties terminates it according to its terms. Also termed continuous policy.

perpetual statute A law containing no provision for repeal, abrogation, or expiration. - Also termed permanent statute. Cf. temporary statute (1).

perpetual statute See STATUTE.

perpetual succession The continuous succession of a corporation despite changes in shareholders and officers for as long as the corporation legally exists. "As a general rule, the words perpetual succession, as used in charters, often in connection with a further provision limiting the period of corporate existence to a certain number of years, mean nothing more than that the corporation shall have continuous and uninterrupted succession so long as it shall continue to exist as a corporation, and are not intended to define its duration." 18 Am. Jur. 2d Corporations § 69, at 883 (]985).

perpetual succession See SUCCESSION (4).

perpetual trust See TRUST.

perpetually renewable lease See LEASE.

perpetuation of testimony The means or procedure for preserving for future use witness testimony that might otherwise be unavailable at trial.

perpetuities, rule against See RULE AGAINST PERPETUITIES.

perpetuity (par-pa-t[y]oo-a-tee). 1. The state ofcontinuing forever. 2. Hist. An unbarrable entail. 3. An inalienable interest. 4. An interest that does not take effect or vest within the period prescribed by law. In reference to the rule against perpetuities, only sense 4 is now current. See RULE AGAINST PERPETUITIES. A perpetuity is a thing odious in law, and destructive of the Commonwealth; it would put a stop to commerce and prevent the circulation of the riches of the Kingdom, and therefore is not to be countenanced in equity. If in equity you could come nearer to a perpetuity than the rules of Common Law would admit, all men being desirous to continue their estates in their families, would settle their estates by way of trust which might indeed make well for the jurisdiction of the court, but would be destructive of the commonwealth. (1683) 1 Vern. 163 (per Lord North) (as quoted in George W. Keeton, English Law: The Judicial Contribution 118 (1974)).

perpetuity of the king or queen A fiction of English law that for political purposes the king or queen is immortal; that is, a monarch dies, but the office is never vacant.

perquisite (paar-kwi-zit). (A privilege or benefit given in addition to one s salary or regular wages. Often shortened to perk.

perquisitor (par-kwiz-a-tar). [Latin "a seeker out"]. A purchaser; esp., one who first acquires an estate by sale or gift.

Perringer release See Pierringer release under RELEASE (2).

persecutio (par-sa-kyoo-shee-oh), n. [Latin] Roman law. A lawsuit or civil claim under cognitio extraordinaria. See COGNITIO EXTRAORDINARIA. Pl. persecutiones (par-sa-kyoo-shee-oh-neez).

persecution Violent, cruel, and oppressive treatment directed toward a person or group of persons because of their race, religion, sexual orientation, politics, or other beliefs. See hate crime under CRIME. persecute, vb.

persequi (par-sa-kwI), vb. [Latin] Roman law. To claim through a judicial proceeding.

persistent price discrimination See PRICE DISCRIMINATION.

persistent price discrimination A monopolist s systematic policy of obtaining different rates of return from different sales groupings.

person 1. A human being. Also termed natural person.

person aggrieved See aggrieved party under PARTY (2).

person in loco parentis (in loh-koh pa-ren-tis). A person who acts in place of a parent, either temporarily (as a schoolteacher does) or indefinitely (as a stepparent does); a person who has assumed the obligations of a parent without formally adopting the child. See IN LOCO PARENTIS.

person in loco parentis See PERSON (1).

person in need of supervision See child in need of supervision under CHILD. Abbr. PINS.

person in need ofsupervision See child in need of supervision under CHILD. Abbr. PINS.

person not deceased A person who is either living or has not yet been born.

person not deceased See PERSON (1).

person of incidence The person against whom a right is enforceable; a person who owes a legal duty. The meaning may expand to include an entity, such as an insurance company.

person of inddence See PERSON (1).

person of inherence See PERSON (1).

person of inherence (in-heer-~nts). The person in whom a legal right is vested; the owner ofa right. The meaning may expand to include an entity.

person of interest A person who is the subject of a police investigation but who has not been identified by investigators as being suspected of committing the crime itself.

person of interest See PERSON (1).

person of opposite sex sharing living quarters See POSSLQ.

person of opposite sex sharing living quarters See POSSLQ.

person with ordinary skill in the art See PERSON WITH ORDINARY SKILL IN THE ART.

person with ordinary skill in the art Patents. A fictional construct of the patent laws, denoting someone who has reasonably developed abilities in the field of the invention at issue. The patent application must be clear and complete enough to teach a person skilled in the art how to make and use the invention without undue experimentation. The term person skilled in the art has been interpreted to mean a person having ordinary or fair information in that particular line, not necessarily a person of high scientific attainments. The skill or knowledge to be imputed to such a person will vary with the complexity of the art to which the invention relates. Archie R. Mccrady, Patent Office Practice 61 (2d ed. 1946).

persona (proh par-soh-na), adv. & adj. [Latin] For one s own person; on one s own behalf <a pro persona brief>. Sometimes shortened to pro per. See PRO SE.

persona (par-soh-na), n. [Latin] Roman law. A person; an individual human being.

persona designata (par-soh-na dez-ig-nay-ta). [Latin] A person considered as an individual (esp. in a legal action) rather than as a member of a class.

persona dignior (par-soh-na dig-nee-or). [Latin]. The more worthy or respectable person; the more fitting person.

persona ficta (par-soh-na fik-ta). [Latin "false mask"]. A fictional person, such as a corporation. But units other than individual men can be thought of as capable of acts, or of rights and liabilities: such are Corporations and even Hereditates lacentes. Accordingly the way is clear to apply the name of person to these also. The mediaeval lawyers did so, but as they regarded Corporations as endowed with personality by a sort of creative act of the State, and received from the Roman lawyers the conception of the hereditas iacens as representing the persona of the deceased rather than as itself being a person, they called these things Personae Fictae, an expression not used by the Romans." WW. Buckland, Elementary Principles of the Roman Private Law 16 (1912).

persona grata See PERSONA GRATA.

persona grata (par-soh-na gray-ta or grah-ta or grat-a), n. [Latin] An acceptable person; esp., a diplomat who is acceptable to a host country. PI. personae gratae (par-soh-nee gray-tee or grah-tee or grat-ee). Cf. PERSONA NON GRATA.

persona illustris (par-soh-na i-las-tris). [Latin]. A person of distinction.

persona miserabilis (par-soh-na miz-a-rab-a-lis). [Latin "a pitiable person"] Roman law. An unfortu¬nate person, esp. because of age, illness, or status. A persona miserabilis received certain privileges in litigation.

persona miserabilis See PERSONA.

persona moralis See PERSONA.

persona moralis (par-soh-na ma-ray-lis). [Latin] A collective entity that, by law or custom, is recognized as an artificial person (e.g., a church or corporation). See artificial person under PERSON (2).