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  <%-- Page Title--%> Issue No 122 <%-- End Page Title--%>  

December 28, 2003 

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Person
An entity with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law. Individuals are "persons" in law unless they are minors or under some kind of other incapacity such as a court finding of mental incapacity. Many laws give certain powers to "persons" which, in almost all instances, includes business organisations that have been formally registered such as partnerships, corporations or associations.

Personal representative
In the law of wills, this is the general name given to the person who administers the estate of a deceased person. There are two kinds of personal representatives. Where a person dies without a will, the court must appoint an administrator. Where a personal representative is named in a will, the personal representative is known as an executor.

Petition
The formal, written document submitted to a court, and which asks for the court to redress what is described in the petition as being an injustice of some kind. Petitions set out the facts, identifies the law under which the court is being asked to intervene, and ends with a suggested course of action for the court to consider (eg. payment of damages to the plaintiff). Petitions are normally filed by lawyers because courts insist on complicated forms but most states will allow citizens to file petitions provided they conform to the court's form. Some states do not use the word "petition" and, instead, might refer to an "application", a "complaint" or the "writ."

Pettifogger
A petty or underhanded lawyer or an attorney who sustains a professional livelihood on disreputable or dishonourable business. The word has also taken on an common usage definition referring to anyone prone to quibbling over details.

Physical custody
A child custody decision which grants the right to organise and administer the day to day residential care of a child. This is usually combined with legal custody.

Picket
To object publicly, on or adjacent to the employer's premises, to an employer's labour practices, goods or services. The most common form of picketing is patrolling with signs.









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