Latin for Lawyers

L ATIN FOR L AWYERS

POWER [L. possum, posse / to be able] Ability to do or act. Strength, force, energy. Legal authority. An external force such as electricity or gas. In law, the authority or capacity to act as defined by some legally recognized document or by statutute or court order. The commerce power is the power of Congress under the Constitution to reg ulate commerce among the states. Police powers are the powers exercised by government in maintaining the peace and enforcing the laws designed to pro vide for the general security and for the health, safety and welfare of citizens. A power of appointment is a power granted in a deed or will defining the duties of the grantee in disposing of property. PRAECIPE [L. praecipio , praecipere / to take before, to obtain in advance] A document or writ directing a court officer or clerk to perform a ministerial act in furtherance of an order or decision of the court, e.g., an order directing the clerk to issue execution after judgment. Also, an order directing a person to commit some act or to refrain from committing it. An application for the issuance of a summons by the court clerk. Also, an application to a judge similar to a motion. PRAESUMPTIO JURIS [L. praesumere / to anticipate, take for granted, pre sume + ius , iuris / right or law] A legal presumption. A rebuttable presumption. See PRESUMPTION PRAYER [L. precor, precari / to beg, request, pray, invoke] A supplication or request to God or to another diety. A devotional recitation or service. Originally, that part of a bill in equity in which the plaintiff spelled out the relief which he was seeking. Now, the prayer or prayer for relief is that portion of the complaint in any civil action in which the plaintiff defines the relief and the damages he seeks. The prayer is required in a complaint under the Federal Rules. PREAMBLE [L. prae / before, in front of + ambulo, ambulare / to go or walk] An introductory statement in a text or document introducing or explaining what is to follow. The introduction to a constitution or statute setting forth the reasons for its adoption. The Preamble to the U.S. Constitution begins, “We the people of the United States, in order to form a more perfect Union......” PRECATORY [L. precari / to beg, request, invoke] Words which express a wish or request but not a direction or command. Courts make a distinction between words which are clearly precatory , such as, “I wish, I hope that, I ask that, I request”, etc., and those which are clearly peremptory, i.e., commands or directions: “I direct that, I instruct my.....to”,

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