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.
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.
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.
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
summarised it as follows: "Where the circumstances are such that
it must have been within the contemplation of the parties that, according
to the ordinary usage 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."
