Latin for Lawyers

PRECEDENT

etc. Ordinarily, precatory words are considered ineffective to control the dis position of property. Some courts, however, will recognize trusts in which the language is precatory but the intent to create a trust is clear: “It is my final wish that...” These are called precatory trusts . See PEREMPTORY PRECEDENT [L. prae + cedere / to go, proceed, to happen] Something which comes before. Prior in time or incidence. A model. A con vention, rule or example which is intended to guide or control thought or action in the future. In the law, a precedent is a decision of a court which serves as an example or authority for subsequent decisions by other courts in cases which have the same or similar facts and which logically require appli cation of the same principles of law. All prior cases which arose under essen tially the same facts and the same legal issues are deemed and considered as precedents. Precedents of a superior court in the same state are deemed bind ing precedents which must be followed by the lower courts. Precedents of courts in other jurisdictions are persuasive but not binding. See STARE DECISIS PRECEPT [L. prae + capio, capere / to take, seize] A rule of conduct. A code or statement of principles. A court order, writ, war rant or other judicial process. A court order directing an official to perform some act in support of the court’s decision, such as an order to find and pro duce a person. A rule of law or a code of moral conduct, such as the ABA Model Rules of Professional Responsibility, a code intended to govern the conduct of lawyers. PRECLUDE, PRECLUSION [L. prae + claudere / to close, shut] To make impossible; rule out or prevent in advance, e.g., to preclude mar riage between persons in a close degree of relationship. An order enjoining a party from some action is, in effect, an order of preclusion . In discovery pro ceedings, if a party fails to comply with a discovery order, he will be pre cluded from offering evidence which contradicts evidence offered by his opponent on the issues covered in the order. A party may be precluded from bringing an action because of res judicata or the application of a statute of limitations. PREDATORY [L. praedor, praedari / to plunder, pillage] Given to plundering or taking the property of others. Engaging in commercial practices designed to injure competitors unfairly. In antitrust law, the practice of fixing prices without regard to cost or profits (at a loss, if necessary) in order to eliminate competition. The intent is to recoup the temporary losses by raising prices again after the competitor is eliminated.

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