Latin for Lawyers

PREJUDICIAL

bias that prevents an impartial result, as by a judge or jury in deciding a mat ter. Injury to a person's legal rights without support in fact or law or without legal justification. When statements are made, or settlement negotiations are conducted, without prejudice , the parties expect that no subsequent reference will be made to these statements and that they will not be used against the party making them. PREJUDICIAL [L. praeiudicium / a previous decision or judgment] An adverse opinion formed before knowledge of facts sufficient for a reason able opinion. An unjustified and unreasoned bias or hostility against an indi vidual, group, race or religion. The word has several applications in the law. Prejudicial error is error by the trial court of sufficient consequence to justify reversal of judgment and a new trial. Prejudicial evidence is evidence which is offered not for its probative value but to arouse and inflame the minds of the jury. Prejudicial publicity is publicity which makes it impossible for a jury to render a fair and impartial verdict. A party to a federal action who feels that the judge is prejudiced against him personally may file an affidavit challenging the judge’s right to try the case. 28 U.S.C. § 144. PRELIMINARY [L. prae / before + limen, liminis / a threshold or entryway] Coming before. Introductory. Temporary. Pending some later action or deci sion. In criminal law, a preliminary hearing is the first appearance in court of a criminal defendant; the purpose of the hearing is to determine if there is probable cause to charge the defendant with the commission of a crime. The hearing is conducted by a judge or magistrate. A preliminary injunction is an order issued by the court before trial to restrain some action on the part of one party in order to prevent irreparable injury to the other party pending a deter mination on the merits. PREMEDITATE [L. prae + meditor, meditari / to think over, consider, medi tate] To consider and plan beforehand. To plan and deliberate in advance about committing a possible act and then to decide to commit the act. In the law, the design and intent to commit a crime after thought and consideration of the consequences. Premeditation is an essential element of murder in the first degree. Courts differ as to the amount of time which must elapse before com mission of a crime before premeditation can be presumed. See MALICE (AFORETHOUGHT) PREMISES [L. prae + mittere / to send, let go, release] Statements which precede and underlie other statements or arguments. A par cel of land with appurtenant buildings. Also, all or part of a building. Also, the introductory portion of a deed preceding the habendum clause but includ-

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