Latin for Lawyers

L ATIN FOR L AWYERS

PRIOR [L. prior , prius, primus / before, in advance of; the former] Coming before; preceding. Used as an adjective before other words, prior has a special meaning for lawyers. Examples: A prior adjudication is a previous litigation in which the matter in dispute between the parties was, or could have been, determined. A prior adjudication on the merits will bar a subse quent action between the same parties on the same issues, under the princi ples of res judicata. In patent law, prior art is any relevant knowledge, data, description or patent which predated the invention at issue and therefore operates to support rejection of the invention by the Patent Office or by a court. A prior restraint is any action taken by a government official or by statute to control the contents or text of any expression before its publication. Any effort to control the dissemination of information protected by the First Amendment of the Constitution is a prior restraint if it is imposed before a judicial hearing to determine whether it qualifies for First Amendment pro tection. New York Times Co. v. United States, 403 U.S. 713. A prior statement is a statement made by a witness out of court prior to his testimony in an action. Prior statements may be either consistent with the subsequent testi mony or inconsistent with it. See RES JUDICATA PRIOR RESTRAINT Any action by the government to prevent speech in advance of its utterance or expression, or a writing before its publication. Prior restraints are considered the most serious violations of the right of free speech guaranteed by the Con stitution. Any system of prior restraint is presumed to violate the Constituti tion and imposes a heavy burden upon the government to show justification. New York Times v. U.S. , 403 U.S. 713. PRIOR TEMPORE, POTIOR IURE (JURE) First in time, first in right. PRIVACY [L. privus / single, every] The state of being alone or separate from others. Freedom from intrusion by others. The right to retain control over one’s person and affairs without intru sion by others, especially by government. The right of a woman to an abor tion has been cited as a critical element of her right to privacy . Roe v. Wade . PRIVATE [L. privare , privatus / to free from; to make private] Reserved to a particular person or group or class of persons. Not available to or accessible by the public. Independent of the state or government or of soci ety in general, as a private club or a private school . Unknown to and restricted from others, as a private matter . A private is the lowest-ranked sol-

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