Latin for Lawyers

L ATIN FOR L AWYERS

ing a description of the property conveyed. The initial portion of a bill in equity stating the nature of the grievance and naming the defendant. PREMIUM [L. praemium / that which is picked first, the best; from prae + emerere / to buy] A reward or prize given as an inducement to buy. Booty, reward, profit. Con sidersation for a loan or other extension. The money paid to an insurance company for its insurance coverage. A discount or other benefit given to a purchaser in addition to the items or goods purchased. The prize offered to contest entrants. The amount by which the market value of a stock or bond exceeds its par or face value. See NO PAR; PAR PRENUPTIAL [L. prae + nuptiae / marriage, a wedding] Occurring before the marriage itself. A prenuptial agreement is an agreement made between the parties to an intended marriage in which they make provi sion for the disposition and use of their respective properties and assets and for their respective rights upon death or divorce. See ANTENUPTIAL; POST NUPTIAL PREPONDERANCE [L. prae + pondero, ponderare / to weigh upon, to con sider] Superiority in quality or quantity; to be greater than. In the law, the decision on any civil trial issue and at the end of the trial, will go to the party who has offered a preponderance of the evidence . This means that his evidence, taken as a whole, is more credible and convincing than the evidence of his oppo nent. If we accept that the evidence of both parties will have some weight , judgment will be rendered for the party whose evidence has the greater weight , or the preponderance . PREROGATIVE [L. prae + rogare / to ask, inquire, beseech] In Rome, a prerogative was the right to vote before others of less stature. Any special right or power. The special rights or privileges available to and exer cised by officials holding public office, such as members of Congress, judges, etc. PRESCRIBE [L. prae / before + scribo, scribere / to engrave, to write] To establish a rule or a code of conduct. To dictate. To exercise authority in setting down a mandate or order, as to prescribe the rules governing the fed eral courts (the Federal Rules of Civil Procedure). Also, to assert or claim a right in the ownership or possession of an interest in property (e.g., an ease ment) by prescription , i.e., the open, hostile, continuous and long-term use of property by one not the owner.

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