Latin for Lawyers

ANTE

ANTE [L. before] Before, in front of; used as a prefix in many words to indicate an action or event which precedes another. In a text, such as a judge’s opinion, it is used in the same sense as supra to point to a prior reference in the text or to a refer ence in another cited text. ANTECEDENT [L. ante / before + cedere / to go, proceed] A preceding event or condition; earlier in point of time. ANTECEDENT DEBT A prior or pre-existing claim or debt. In the law of contracts, negotiable instruments and bankruptcy, an antecedent debt may not furnish good consid eration for a new promise or instrument. ANTEDATE To apply to an instrument or agreement a date which is earlier than the date of its preparation or execution. Under the UCC, antedating a negotiable instru ment does not affect its negotiability. ANTENUPTIAL [L. ante + nuptiae / marriage, wedding] An act, event or item affecting a marriage which occurs before the marriage itself. ANTENUPTIAL OR PRENUPTIAL AGREEMENT An agreement made before marriage between the prospective husband and wife, usually dealing with division of property, support, distribution of assets, effect of death, etc. Most states require that these agreements be in writing. ANTENUPTIAL WILL A will executed before the marriage by a party to a prospective marriage. Unless it appears on the face of the will that it was meant to survive the wed ding, it may be deemed revoked by the act of marriage. ANTI [L. against] A prefix meaning against . ANTICIPATE, ANTICIPATORY [L. ante / before + capio, capere / to take, seize] To do or act before the agreed time. To give advance thought or consideration to. To look forward to. To foresee. To pay off a debt or obligation before the due date. To pay an installment before it is due. In patent law, to introduce an invention before another similar invention; the effect is to make the latter ineffective as an invention. An anticipatory repudiation in contract law is notice of refusal by one party to perform an essential term of the contract

24