Latin for Lawyers

L ATIN FOR L AWYERS

died intestate, unless it can be shown that the omission was deliberate and intentional. PRETEXTUAL ARREST The arrest of a person on minor or superficial grounds with the real intent of investigating a more serious crime of which he is suspected but for which there are insufficient lawful grounds for arrest. PREVENTIVE DETENTION [L. prae / before + venio, venire / to come + detineo, detinere / to hold back, detain] Confinement of a criminal defendant before and during trial to prevent his escape or to protect the public and/or the court from acts or threats of vio lence by him. Preventive detention is now used often in cases of terrorism. PRIMAE IMPRESSIONIS [L. prior , prius, primus / first, former + imprimo , imprimere / to press into or upon] Of first or new impression. Previously undecided. Without precedent. A mat ter or issue not previously presented to the court. PRIMA FACIE [L. primus / first + facie s / face, form, figure; at first view, on its face] On first appearance. A fact presumed to be true in the absence of a showing to the contrary. PRIMA FACIE CASE The presentation by one party to an action of proof and evidence sufficient to satisfy the legal requirements for a judgment in his favor. Sufficient proof by the plaintiff to warrant submission of his evidence to the jury and the rendi tion of a verdict in his favor. PRIMA FACIE EVIDENCE Evidence sufficient to survive a motion for dismissal or directed verdict and to require the opposing party to proceed with his proof. PRIMARY [L. prior, prius, primus / first in order of time or of importance; first in rank] Belonging to the first rank or order in progressive allocation of rights or inter ests. In the law, the word is used in many contexts to indicate that something precedes or has greater impact than something else. Examples: a primary beneficiary under a life insurance policy is the one who will be first entitled to the proceeds in the event of the insured’s death. A primary boycott is the job action taken by a union against an employer with which it has a grievance to discourage the public from purchasing the goods or services of the employer. Primary jurisdiction is the statutory power given to certain admin-

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