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Legal Dictionary P
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Paralegal :
A person who is not a lawyer or is not acting in that capacity but
who provides a limited number of legal services. Each country differs in
the authority it gives paralegals in exercising what traditionally would
be lawyers' work.
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Pardon :
A pardon is a government decision to allow a person who has been
convicted of a crime, to be free and absolved of that conviction, as if
never convicted. It is typically used to remove a criminal record
against a good citizen for a small crime that may have been committed
during adolescence or young adulthood. Although procedures vary from one
state to another, the request for a pardon usually involves a lengthy
period of time of impeccable behavior and a reference check. Generally
speaking, the more serious the crime, the longer the time requirement
for excellent behavior. In the USA, the power to pardon for federal
offenses belongs to the President.
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Parens patriae :
Latin: A British common law creation whereby the courts have the
right to make unfettered decisions concerning people who are not able to
take care of themselves. For example, court can make custody decisions
regarding a child or an insane person, even without statute law to allow
them to do so, based on their residual, common law-based parens patriae
jurisdiction.
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Pari delicto :
Latin for "of equal fault." For example, if two parties complain to
a judge of the non-performance of a contract by the other, the judge
could refuse to provide a remedy to either of them because of "pari
delicto": a finding that they were equally at fault in causing the
contract's breach.
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Pari passu :
Latin: Equitably and without preference. This term is often used in
bankruptcy proceedings where creditors are said to be "pari passu" which
means that they are all equal and that distribution of the assets will
occur without preference between them.
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Parole :
An early release from incarceration in which the prisoner promises
to heed certain conditions (usually set by a parole board) and under the
supervision of a parole officer. Any violation of those conditions would
result in the return of the person to prison.
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Parricide :
Killing one's father or another a family member or close relative.
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Partnership:
A business organization in which two or more persons carry on a
business together. Partners are each fully liable for all the debts of
the enterprise but they also share the profits exclusively. Many states
have laws which regulate partnerships and may, for example, require some
form of registration and allow partnership agreements. One of the basic
advantages of partnerships is that they tend to allow business losses to
be deducted from personal income for tax purposes (see also limited
partner).
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Par value shares :
Shares issued by a company which have a minimum price. Shares which
are without par value or "non par value shares" are shares which may be
sold at whatever price the company's board of directors decides.
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Patent :
An exclusive privilege granted to an inventor to make, use or sale
an invention for a set number of years (eg. in Canada, 17 years).
Normally, no one company can retain a monopoly over a product or service
because this is considered to economically harmful to society. But as a
financial incentive to potential inventors, the state grants a temporary
monopoly to that inventor through the issuance of a patent.
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Paternity :
Being a father. "Paternity suits" are launched when a man denies
paternity of a child born out of wedlock. New technology of DNA testing
can establish paternity thus obliging the father to provide child
support.
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Payee :
The person to whom payment is addressed or given. In family law, the
term usually refers to the person who receives or to whom support or
maintenance is owed. In commercial law, the term refers to the person to
whom a bill of exchange is made payable. On a regular check, the space
preceded with the words "pay to the order of" identifies the payee.
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Payor :
The person who is making the payment(s). Again, in the context of
family law, the word would typically refer to the person to a support or
maintenance debtor. In commercial law, the word refers to the person who
makes the payment on a check or bill of exchange.
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Pedophile :
A person afflicted with "pedophilia", a sexual perversion in which
children are preferred as sexual partner.
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Pen register :
An electronic surveillance device which attaches to a phone line and
which registers every number dialed from a specific telephone. This
surveillance device is not as effective as wire-tapping.
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Pendente lite :
Latin: during litigation. For example, if the validity of a will is
challenged, a court might appoint an administrator pendente lite with
limited powers to do such things as may be necessary to preserve the
assets of the deceased until a hearing can be convened on the validity
of the will. Another example is an injunction pendente lite, to last
only during the litigation and, again, designed simply to preserve
something until the decisive court order is issued.
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Percolating water :
Water which seeps or filters through the ground without any definite
channel and not part of the flow of any waterway. The best example is
rain water.
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Perjury :
An intentional lie given while under oath or in a sworn affidavit.
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Perpetuating testimony :
The recording of evidence when it is feared that the person with
that evidence may soon die or disappear and that this person's evidence,
if recorded, could then be used in the future to prevent a possible
injustice or to support a future claim of property.
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Perpetuity :
Forever; of unlimited duration. There is a strong bias in the law
against things that are to last in perpetuity. Rights that are to last
forever are said to hinder commerce as an impediment to the circulation
of property. That is why there is a rule against perpetuities.
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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 organizations that have been formally registered such as
partnerships, corporations or associations.
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Personal representative :,/A>
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.
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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."
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Pettifogger :
A petty or underhanded lawyer or an attorney who sustains a
professional livelihood on disreputable or dishonorable business. The
word has also taken on an common usage definition referring to anyone
prone to quibbling over details.
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Petty :
offense A minor crime and for which the punishment is usually just a
small fine or short term of imprisonment.
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Physical custody :
A child custody decision which grants the right to organize and
administer the day to day residential care of a child. This is usually
combined with legal custody.
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Picket :
To object publicly, on or adjacent to the employer's premises, to an
employer's labor practices, goods or services. The most common form of
picketing is patrolling with signs.
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Pillory :
A medieval punishment and restraining device made of moveable and
adjustable boards through which a prisoner's head or limbs were pinned.
Pillories were often fixed to the ground in a city's main square and on
market days, local criminals were exhibited. Citizens were given license
to throw things at the prisoners. As such, this method of punishment was
not just humiliating but often led to serious injury or death. For the
government, this was a public statement serving to warn others of the
consequences of crime. England abolished the pillory as a form of
punishment in 1837.
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Plaintiff :
The person who brings an case to court; who sues. May also be called
"claimant", "petitioner" or "applicant. The person being sued is
generally called the "defendant" or the "respondent."
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Plea bargaining :
Negotiations during a criminal trial, between an accused person and
a prosecutor in which the accused agrees to admit to a crime (sometimes
a lesser crime than the one set out in the original charge), avoiding
the expense of a public trial, in exchange for which the prosecutor
agrees to ask for a more lenient sentence than would have been
recommended if the case had of proceeded to full trial. The normal rule
of law is that judges are not bound by plea bargains although, as past
lawyers themselves, they are generally aware of plea bargains and a
reasonable recommendation of a prosecutor on sentencing is always
heavily considered.
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Pleadings :
That part of a party's case in which he or she formally sets out the
facts and legal arguments which support that party's position. Pleadings
can be in writing or they can be made verbally to a court, during the
trial.
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Poach :
To kill or take an animal or fish from the property of another.
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Polygamy :
Being married to more than one person. Illegal in most countries.
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Polygraph :
A lie-detector machine which records even the slightest variation in
blood pressure, body temperature and respiration as questions are put
to, and answers elicited from a subject.
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Postal rule :
A rule of contract law that makes an exception to the general rule
that an acceptance is only created when communicated directly to the
offeror. An acceptance is binding and the contract is said to be
perfected when the acceptor places this acceptance in the mail box for
return mail even if, in fact, it never reaches the offeror. An 1892
British case summarized it as follows: "Where the circumstances are such
that it must have been within the contemplation of the parties that,
according to the ordinary usages of mankind, the post might be used as a
means of communicating the acceptance of an offer, the acceptance is
complete as soon as it is posted."
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Power of attorney :
A document which gives a person the right to make binding decisions
for another, as an agent. A power of attorney may be specific to a
certain kind of decision or general, in which the agent makes all major
decisions for the person who is the subject of the power of attorney.
The person signing the power of attorney is usually referred to, in law,
as the donor and the person that would exercise the power of attorney,
the donee.
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Pręcipe or precipe :
Latin: used to refer to the actual writ that would be presented to a
court clerk to be officially issued on behalf of the court but now
mostly refers to the covering letter from the lawyer (or plaintiff)
which accompanies and formally asks for the writ to be issued by the
court officer. The precipe is kept on the court file, but does not
accompany the writ when the latter is served on the defendant.
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Praemunire :
An offence against the King or Parliament, in old English law, which
led to serious penalties but not capital punishment.
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Precatory words :
Words that express a wish or a desire rather than a clear command.
"Precatory words" are often found in trusts or wills and cause great
difficulties when courts try to find the real intention of the settlor
or testator, For example, the words "all my property to my wife to be
disposed of as she may deem just and prudent in the interest of my
family" were found to be "precatory" and did not constitute a trust for
family members other than the wife.
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Precedent :
A case which establishes legal principles to a certain set of facts,
coming to a certain conclusion, and which is to be followed from that
point on when similar or identical facts are before a court. Precedent
form the basis of the theory of stare decisis which prevent "reinventing
the wheel" and allows citizens to have a reasonable expectation of the
legal solutions which apply in a given situation.
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Preferred shares :
A share in a company that has some kind of special right or
privilege attached to it, such as that it is distinguished from the
company's common shares. The most common special right is a preference
over holders of common shares when dividends are declared. Another, is
for the preferred shares to be redeemable at the option of either the
holder or the company. Still another might be to disallow voting rights
to preferred shareholders. Depending on the local laws in your state,
there may be no limit to the qualifications a company can attach to
preferred shares. For example, a family company may only allow holders
of preferred shares to use a recreational property belonging to the
company.
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Preponderance :
A word describing evidence that persuades a judge or jury to lean to
one side as opposed to the other during the course of litigation. In
many states, criminal trials require evidence beyond a reasonable doubt.
But in civil trials, evidence is required only by preponderance of the
evidence. The judge (or jury, where applicable) will perceive the
evidence of one side as outweighing the other based on which side has
the most persuasive or impressive evidence. The strength or "weight" of
evidence is not decided by the sheer number of witnesses because the
judge decides on the credibility of witnesses and give their testimony
weight accordingly. The side with the preponderance of evidence wins the
case.
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Prescription :
A method of acquiring rights through the silence of the legal owner.
Known in common law jurisdiction as "statute of limitations." When used
in a real property context, the term refers to the acquisition of
property rights, such as an easement, by long and continued use or
enjoyment. The required duration of continued use or enjoyment, before
legal rights are enforceable, is usually written in a state's law known
as "statute of limitations."
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Presumption :
of advancement A presumption in trust, contract and family law which
suggests that property transferred from a parent to a child, or spouse
to spouse, is a gift and would defeat any presumption of a resulting
trust.
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Prima facie :
(Latin) A legal presumption which means "on the face of it" or "at
first sight". Law-makers will often use this device to establish that if
a certain set of facts are proven, then another fact is established
prima facie. For example, proof of mailing a letter is prima facie proof
that it was received by the person to whom it was addressed and will
accepted as such by a court unless proven otherwise. Other situations
may require a prima facie case before proceeding to another step in the
judicial process so that you would have to at least prove then that at
first glance, there appears to be a case.
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Principal :
An agent's master; the person for whom an agent has received
instruction and to whose benefit the agent is expected to perform and
make decisions.
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Private law :
Law which regulates the relationships between individuals. Family,
commercial and labor law are examples of private law because the focus
of those kinds of laws is the relationships between individuals or
between corporations or organizations and individual, with the
government a bystander. They are the counter part to public law.
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Privilege :
A special and exclusive legal advantage or right such as a benefit,
exemption, power or immunity. An example would be the special privileges
that some persons have in a bankruptcy to recoup their debts from the
bankrupt's estate before other, non-privileged creditors.
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Probate :
The formal certificate given by a court that certifies that a will
has been proven, validated and registered and which, from that point on,
gives the executor the legal authority to execute the will. A "probate
court" is a name given to the court that has this power to ratify wills.
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Probation :
A kind of punishment given out as part of a sentence which means
that instead of jailing a person convicted of a crime, a judge will
order that the person reports to a probation officer regularly and
according to a set schedule. It is a criminal offence not to obey a
probation order and is cause for being immediately jailed. If someone is
"on probation", that means that they are presently under such a Court
order. These orders may have special conditions attached to them such as
not to leave the city, drink alcohol, consume drugs, not to go to a
specific place or contact a certain person. Pro bono Provided for free.
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Pro bono :
publico means "for the public good."
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Profit ą prendre :
A servitude which resembles an easement and which allows the holder
to enter the land of another and to take some natural produce such as
mineral deposits, fish or game, timber, crops or pasture.
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Pro forma :
As a matter of form; in keeping with a form or practice. Something
done pro forma may not be essential but it facilitates future dealings.
For example, an invoice might be sent to a purchaser even before the
goods are delivered as a matter of business practices.
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Prohibition :
A legal restriction against the use of something or against certain
conduct. For example, in the 1920s, both the USA and Canada enacted
liquor prohibitions, outlawing the manufacture or use of alcoholic
beverages.
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Promisee :
A person whom is to be the beneficiary of a promise, an obligation
or a contract. Synonymous to "obligee."
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Promisor :
The person who has become obliged through a promise (usually
expressed in a contract) towards another, the intended beneficiary of
the promise being referred to as the promisee. Also sometimes referred
to a "obligor."
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Promissory note :
An unconditional, written and signed promise to pay a certain amount
of money, on demand or at a certain defined date in the future. Contrary
to a bill of exchange, a promissory note is not drawn on any third party
holding the payor's money; it is a direct promise from the payor to the
payee.
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Property :
Property is commonly thought of as a thing which belongs to someone
and over which a person has total control. But, legally, it is more
properly defined as a collection of legal rights over a thing. These
rights are usually total and fully enforceable by the state or the owner
against others. It has been said that "property and law were born and
die together. Before laws were made there was no property. Take away
laws and property ceases." before laws were written and enforced,
property had no relevance. Possession was all that mattered. There are
many classifications of property, the most common being between real
property or immoveable property (real estate such as land or buildings)
and "chattel", or "moveable" (things which are not attached to the land
such as a bicycle, a car or a hammer) and between public (property
belonging to everybody or to the state) and private property.
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Propinquity :
Nearness in place; close-by. Also used to describe relationships as
synonymous for "kin."
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Pro possessore :
As a possessor. For example, a person may exercise certain rights
over a thing not as owner but pro possessore: as a person who possesses,
but does not own, the thing.
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Propound :
To offer a document as being authentic or valid. Used mostly in the
law of wills; to propound a will means to take legal action, as part of
probate, including a formal inspection of the will, by the court.
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Pro rata :
Latin: to divide proportionate to a certain rate or interest. For
example, if a company with two shareholders, one with 25% and the other
with 75% of the shares, received a gift of $10,000 and desired to split
it "pro rata" between the shareholders, the shareholder with 25% of the
shares would receive $2,500 and the 75% shareholder, $7,500.
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Proprietor :
Owner.
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Pro se :
Latin: in one's personal behalf. Contrast with pro socio.
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Pro socio :
Latin: on behalf of a partner; not on one's personal behalf.
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Prosecute :
To bring judicial proceedings against a person and to administer
them until the conclusion of the court proceedings. Lawyers are hired by
the government to administer the prosecution of criminal charges in the
courts.
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Prospectus :
A document in which a corporation sets out the material details of a
share or bond issue and inviting the public to invest by purchasing
these financial instruments.
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Prostitute :
A person who offers sexual intercourse for hire.
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Pro tempore :
Latin: something done temporarily only and not intended to be
permanent.
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Proxy :
A right which is signed-over to an agent. Proxies are used
frequently at annual meetings of corporations where the right to
exercise a vote is "proxied" from the shareholder to the agent.
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Public domain :
A term of American copyright law referring to works that are not
copyright protected, free for all to use without permission. Examples
include works that were originally non-copyrightable (items that by
their very nature are not eligible for copyright such as ideas, facts or
names), copyright that has been lost or expired, where copyright is
owned or authored by the federal government (federal documents and
publications are not copyrighted and so are public domain), and those
works which have been specifically granted to the public domain.
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Public law :
Those laws which regulate (1) the structure and
administration of the government, (2) the conduct of the
government in its relations with its citizens, (3) the
responsibilities of government employees and (4) the
relationships with foreign governments. Good examples are criminal and
constitutional law. It can be distinguished from private law, which
regulates the private conduct between individuals, without direct
involvement of the government. For example, an unsolicited punch in the
nose would constitute a crime for which the government would prosecute
under criminal law but for which there would also be a private legal
action possible by the injured party under tort law, which is private
law although governments can be held responsible under tort law. As you
can see, the line is often hard to draw between public and private law.
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Puisne :
Junior or lower in rank, as opposed to the chief justice. For
example, there are 8 puisne judges on the Supreme Court of Canada and a
chief justice.
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Punitive damages :
Special and highly exceptional damages ordered by a court against a
defendant where the act or omission which caused the suit, was of a
particularly heinous, malicious or highhanded nature. Where awarded,
they are an exception to the rule that damages are to compensate not to
punish. The exact threshold of punitive damages varies from jurisdiction
to jurisdiction. In some countries, and in certain circumstances,
punitive damages might even be available for breach of contract cases
but, again, only for the exceptional cases where the court wants to give
a strong message to the community that similar conduct will be severely
punished. They are most common in intentional torts such as rape,
battery or defamation. Some jurisdictions prefer using the word
"exemplary damages" and there is an ongoing legal debate whether there
is a distinction to be made between the two and even with the concept of
aggravated damages.
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