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praejuramentum (pree-juur-a-men-tam), n. [Law Latin). A preparatory oath.

praelegatum (pree-lA-gay-tam), n. [Latin] Roman law. A legacy to one of several heirs whereby the legatee was entitled to the legacy before the estate was divided. This was similar to an advancement.

praelibatio matrimonii (pree-li-bay-shee-oh ma-tra-moh-nee-i). [Law Latin]. A foretaste of marriage.

praematura diligentia (pree-ma-t[y]uur-a [or -chuur-al dil-a-jen-shee-a). [Law Latin] Scots law. Premature execution of a judgment.

praemium emancipationis (pree-mee-am i-man-sa¬pay-shee-oh-nis). [Latin "reward for emancipation"] Roman law. A compensation allowed by Constantine to a father on the emancipation of his child, consisting of one-third of the property that came to the child from his mother s side. Justinian replaced this with the usufruct of half the child s separate property.

praemium pudicitiae (pree-mee-am pyoo-da-sish-ee-ee. [Latin "the price of chastity"]. Compensation paid by a man who seduced a chaste woman. Also written premium pudicitiae. Also termed praemium pudoris.

praemunire (pree-myoo-ni-ree), n. [Latin praemoneri "to be forewarned"]. The criminal offense of obeying an authority other than the king. Praemunire stems from the efforts of Edward I (1272-1307) to counter papal influence in England, and takes its name from the writ s initial words: praemunire facias ("that you cause to be forewarned"). One type ofpraemunire was to appeal to the pope rather than the monarch. Another was to bring a suit in a temporal court instead of a royal court, in part because the monarch wanted all fines levied as punishment to go to the royal coffers, not those of the church.

praenomen (pree-noh-man), n. [Latin] Roman law. The first of a person s three names, given to distinguish the person from family members.

praeposita negotiis vel rebus domesticis (pri-poz-a-ta ni-goh-shee-is vel ree- bas- da-mes-ti-sis). set over domestic affairs. The phrase usu. referred to a wife s status.

praepositor (pri-poz-a-tar or -tor), n. [Law Latin "supervisor, reeve"] . One who delegates duties (esp. of a business s management) to another; one who places (another) in a position over others.

praepositura (pri-poz-a-t[y]uur-a), n. [Latin "management" or "supervisory office"] . 1. One to whom management duties are delegated. 2. The area of responsibility delegated to a person to manage, esp. a wife s authority to manage the household.

praepositus (pree-poz-a-tas), n. [Latin]. 1. An officer next in authority to the alderman of a hundred. 2. A steward or bailiff of an estate.

praepositus negotiis (pri-poz-a-tas ni-goh-shee-is). [Latin]. Put in charge of another s business.

praepositus negotiis societatis (pri-poz-a-tas ni-goh¬shee-is sa-si-a-tay-tis). [Latin] . Put in charge of a partnership s business.

praepositus villae (pree-poz-a-tas vil-ee). [Latin]. A constable of a town; a petty constable.

praerogativa regis (pree-rog-a-ti-va ree-jis). [Law Latin "of the Crown s prerogative"]. A declaration made at the time of Edward I (1272-1307) defining certain feudal and political rights of the Crown, including the right to wardship of an idiot s lands to protect the idiot s heirs from disinheritance or alienation. Also termed de praerogativa regis (dee pree-rog-a-ti-va ree-jis). "The king s right is distinctly stated in the document known as praerogativa Regis, which we believe to come from the early years of Edward I. The same document seems to be the oldest that gives us any clear information about a wardship of lunatics. The king is to provide that the lunatic and his family are properly maintained out of the income of his estate, and the residue is to be handed over to him upon his restoration to sanity, or, should he die without having recovered his wits, is to be administered by the ordinary for the good of his soul; but the king is to take nothing to his own use." 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward /481 (2d ed. 1898),

praescriptio (pri-skrip-shee-oh), n. [Latin] Roman law. 1. A preliminary portion of a formula that defines the scope of action. 2. A defensive plea in an action to recover land by which the defendant asserts ownership based on continuous possession for a prescribed time. Also termed (in sense 2) praescriptio longi temporis. Pi. praescriptiones (pri-skrip-shee-oh-neez).

praescriptio fori (pri-skrip-shee-oh for-i). [Latin] Roman law. An objection on the ground that the person objecting is not subject to the court s jurisdiction.

praescriptis verbis (pri-skrip-tis var-bis). [Latin "in the words before written"]. 1. Roman law. An action on a bilateral agreement under which one party had performed and required the other to perform in turn. 2. Roman law. The grounds given for the existence of a contract that falls into the class later described as innominate.• Innominate contracts ni-goh-shee-is vel ree-bds da-mes-ti-sis). [Latin]. I were developed and recognized late in classical law. See innominate contract under CONTRACT. 3. (Of a clause) restricted in scope by introductory words esp., in a pleading, words defining the issue.

praeses (pree-seez), n. lLatin]. 1. Roman law. A governor of a province. 2. The president of a college or university.

praestare (pree-stair-ee), vb. [Latin] Roman law. 1. To perform an obligation. 2. To undertake liability.

praestatio culpae levis (pri-stay-shee-oh kal-pee lee-vis). [Law Latin]. An obligation for the middle degree of diligence that is, the diligence and care required by a person of ordinary prudence. This phrase was a forerunner of the modern terms reasonable care and reasonable person.

praesumitur pro negante (pri-zyoo-ma-tar proh ni-gan¬tee). [Latin]. It is presumed for the negative. This is the rule of the House of Lords when the votes are equal on amotion.

praesumptio (pri-zamp-shee-oh), n. [Latin] A presumption. PL praesumptiones (pri-zamp-shee-oh-neez).

praesumptio fortior (pri-zamp-shee-oh for-shee-ar or -or). [Latin] A strong presumption (of fact); a presumption strong enough to shift the burden of proof to the opposing party.

praesumptio hominis (pri -zamp-shee-oh hom-a-nis). [Latin] The presumption of an individual; that is, a natural presumption unfettered by rules.

praesumptio juris (pri-zamp-shee-oh joor-is). [Latin] A presumption of law; that is, one in which the law assumes the existence of something until it is disproved. See presumption of law and rebuttable presumption under PRESUMPTION.

praesumptio Muciana (pri-zamp-shee-oh myoo-shee-ay-na). [Latin] Roman law. 1he rebuttable pre¬sumption that in case of doubt a thing possessed by a married woman had been given to her by her husband. The presumption was named after the jurist Quintus Mucius.

praeter dotem (pree-tar doh-tam or -tam). [Latin]. Over and above the dowry.

praeter legem See EQUITY PRAETER LEGEM.

praeteritio (pree-ta- or pret-d-rish-ee-oh), n. [Latin] Roman law. A testator s exclusion ofan heir by passing the heir over. In Roman law, passing over sui heredes usu. invalidated the will. See SUI HEREDES.

praetor (pree-tar), n. [Latin] Roman law. The magistrate responsible for identifying and framing the legal issues in a case and for ordering a lay judge (judex) to hear evidence and decide the case in accordance with the formula. See FORMULA (l).

praetor fideicommissarius (pree-tar fi-dee-i-kom-a¬sair-ee-as). A special praetor having jurisdiction over cases involving trusts.

praetorian edict See edictum praetoris under EDICTUM.

praetorian edict (pri-tor-ee-an). See edictum praetoris under EDICTUM.

praevaricatio (pri-var-a-kay-shee-oh), n. [Latin "collusion with an opponent"]. Roman law. An accuser s colluding with the defense in such a way that the accused will be acquitted. An accuser might do this in various ways, as by deemphasizing the most important charges, refraining from calling the most important witnesses, or refraining from exercising peremptory challenges against jurors who would tend to favor the accused. See CALUMNIA. Cf. TERGIVERSATIO.

praevaricator (pree-var-a-kay-tar). See PREVARICATOR.

praevento termino (pri-ven-toh tar-ma-noh). (Law Latin "by anticipating the term"] Scots law. An action in the Court of Session to prevent a delay in a suspension or an appeal. See SUSPENSION (6).

pratique (pra-teek or prat-ik). Maritime law. A license allowing a vessel to trade in a particular country or port after complying with quarantine requirements or presenting a clean bill of health.

praxis (prak-sis). [Greek "doing; action"]. In critical legal studies, practical action; the practice of living the ethical life in conjunction and in cooperation with others.

prayer conference See CHARGE CONFERENCE.

prayer for relief A request addressed to the court and appearing at the end of a pleading; esp., a request for specific relief or damages. Often shortened to prayer. - Also termed demand for relief; request for relief See AD DAMNUM CLAUSE. The prayer for relief. The plaintiff prays in his bill for the relief to which he supposes himself entitled on the case made out in the bill. This is called the special prayer. He then prays for general relief, usually in these words: And the plaintiff (oryour orator) prays for such further or other relief as the nature of the case may require, and as may be agreeable to equity and good conscience. Both prayers are generally inserted in the bill, the special prayer first, the general following." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 69 (2d ed. 1899).

prayer in aid See AID PRAYER.

prayer of process A conclusion in a bill in equity requesting the issuance of a subpoena if the defendant fails to answer the bill.

PRC abbr. POSTAL RATE COMMISSION.

preamble (pree-am-bal), 1. An introductory statement in a constitution, statute, or other document explaining the document s basis and objective; esp., a statutory recital of the inconveniences for which the statute is designed to provide a remedy. A preamble often consists of a series of clauses introduced by the conjunction whereas. Such a preamble is sometimes called the whereas clauses. "The preamble cannot control the enacting part of the statute, in cases where the enacting part is expressed in clear, unambiguous terms; but in case any doubt arises on the enacting part, the preamble may be resorted to to explain it, and show the intention of the law maker." Den v. Urison, 2 N.Jl. 212 (1807). 2. Patents. The first words of a patent claim, often a single phrase indicating the field of art. The preamble is typically non limiting unless it "breathes life and meaning into the claims." Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1257 (Fed. Cir. 1989). Elements, the later parts of the claim, narrow this broad identification more and more specifically. Cf. BODY OF A CLAIM; TRANSITION PHRASE. preambulary (pree-am-bya-ler-ee), preambular (pree-am-bya-lar), adj.

preappointed evidence See EVIDENCE.

preappointed evidence Evidence prescribed in advance (as by statute) for the proof of certain facts.

preargument-conference attorney See CIRCUIT MEDIATOR.

preaudience The right of a senior barrister to be heard in court before other barristers.

prebankruptcy adj. Occurring before the filing of a bankruptcy petition <prebankruptcy transactions>.

prebend (preb-and), n. 1. A stipend granted in a cathedral church for the support of the members of the chapter. 2. The property from which the stipend comes.

prebendary (preb-an-der-ee). A person serving on the staff of a cathedral who receives a stipend from the cathedral s endowment.

prebut (pree-bat), vb. Slang. To rebut an argument in advance of an opponent s making it.; to engage in anticipatory refutation.

precariae (pri-kair-ee-ee). [Law Latin "favors"]. Day labor that tenants of certain manors were bound to give their lords at harvest time. Also termed preces.

precarious adj. Dependent on the will or pleasure of another; uncertain.

precarious loan See LOAN.

precarious possession See POSSESSION.

precarious possession Detention of property by someone other than the owner or possessor on behalf of or with permission of the owner or possessor. A lessee has precarious possession of the leased property. "[Article 3437 of the LouiSiana Civil Code defines precarious possession as) exercise of possession over a thing with the permission of or on behalf of the owner or possessor. The definition indicates the difference between possession in the proper sense of the word and precarious possession, that is, detention. A possessor is one who possesses as owner, whereas a precarious possessor or detainer is one who exercises factual authority over a thing with the permission of or on behalf of another person." A.N. Yian¬nopoulos, Civil Law Property § 319, at 629 (4th ed. 2001).

precarious right A right enjoyed at the pleasure of another; a right that can be revoked at any time.

precarious right See RIGHT.

precarious trade See TRADE.

precarium (pri-kair-ee-am), n. [Latin]. 1.Roman law. The gratuitous grant of the enjoyment of property, revocable at will. 2. The property so granted. 3. An estate or tenure arising from a precarious grant, and usu. characterized by uncertainty or arduous conditions of tenure.

precatory (prek-a-tor-ee), adj. (Of words) requesting, recommending, or expressing a desire for action, but usu. in a nonbinding way. An example of precaprecedent tory language is "it is my wish and desire to......"

precatory trust See TRUST.

precautionary appeal See protective appeal under APPEAL.

precautionary appeal See protective appeal.

prece partium (pree-see pahr-sbee-am). [Law Latin) On the prayer of the parties.

precedence (pres-a-dants or pra-seed-ants), 1. The order or priority in place or time observed by or for persons of different statuses (such as political dignitaries) on the basis of rank during ceremonial events. 2. Generally, the act or state ofgoing before something else according to some system of priorities. 3. Parliamentary law. The ranked priority that determines whether a motion is in order while another motion is pending, or whether a pending motion yields to another motion. "There is a principle that determines the precedence of motions. The closer a motion is to final disposition of the matter under consideration, the lower it is in the order of precedence. The further removed the motion is from final disposition of the matter, the higher it is in the order of precedence." National Conference of State Legislatures, Mason s Manual of Legislative Procedure 6 (2000). 4. Parliamentary law. The priority in which a member is entitled to the floor. - Also termed precedence in recognition; preference in being recognized. 5. The order in which persons may claim the right to administer an intestate s estate. The traditional order is (1) surviving spouse, (2) next of kin, (3) creditors, and (4) public administrator.

precedent (pra-seed-ant also pres-a-dant), adj. Preceding in time or order <condition precedent>.

precedent (pres-a-dant), 1. The making of law by a court in recognizing and applying new rules while administering justice. 2. A decided case that furnishes a basis for determining later cases involving similar facts or issues. See STARE DECISIS. precedential, adj. In law a precedent is an adjudged case or decision of a court of justice, considered as furnishing a rule or authority for the determination of an identical or similar case afterwards arising, or of a similar question of law. The only theory on which it is possible for one decision to be an authority for another is that the facts are alike, or, if the facts are different, that the prinCiple which governed the first case is applicable to the variant facts." William M. Ule et aI., Brief Making and the Use of Law Books 288 (3d ed. 1914). A precedent ... is a judicial decision which contains in itself a principle. The underlying principle which thus forms its authoritative element is often termed the ratio decidendi. The concrete deCision is binding between the parties to it, but it is the abstract ratio decidendi which alone has the force of law as regards the world at large." John Salmond, Jurisprudence 191 (Glanville L. Williams ed., 10th ed. 1947). One may say, roughly, that a case becomes a precedent only for such a general rule as is necessary to the actual decision reached, when shorn of unessential circumstances." 1 James Parker Hall, Introduction, American Law and Procedure xlviii (1952). One may often accord respect to a precedent not by embracing it with a frozen logic but by drawing from its thought the elements of a new pattern of decision." Lon L Fuller, Anatomy of the Law 151 (1968).

precedent sub silentio (sab sa-len-shee-oh). A legal question that was neither argued nor explicitly discussed in a judicial decision but that seems to have been silently ruled on and might therefore be treated as a precedent.

precept (pree-sept). 1. A standard or rule of conduct; a command or principle <several legal precepts govern here>. 2. A writ or warrant issued by an authorized person demanding another s action, such as a judge s order to an officer to bring a party before the court <the sheriff executed the precept immediately>.

preceptive statute A statute that is prescriptive, general, definite, and complete. In form, a preceptive statute is similar to a rule.

preceptive statute See STATUTE.

preceptum amissionis superioritatis (pri-sep-tam a-mis[h)-ee-oh-nis suu-peer-ee-or-a-tay-tis). [Law Latin "a precept of a lost superiority"]. A precept to force a superior to give a vassal s disponee entry to the land.

preces (pree-seez), n. [Latin "prayers"] Roman law. A petition, esp. one addressed to the emperor by a private person. Cf. RESCRIPT (3).

preces primariae (pree-seez pri-mair-ee-ee). [Latin). The right of the sovereign to appoint a person to fill a vacant prebendary office after the sovereign s accession. This right was exercised during the reign of Edward I. Also termed primae preces. See PREBENDARY.

precinct A geographical unit of government, such as an election district, a police district, or a judicial district.

precipe (pre-sa-pee). See PRAECIPE.

precis (pray-see or pray-see), n. (French). A concise summary of a text s essential points; an abstract. PI. precis (pray-seez or pray-seez).

precludi non debet (pri-kloo-di non dee-bet or deb-et). [Latin "he ought not to be barred"]. The beginning of a plaintiff s reply to a plea in bar in which the plaintiff objects to being barred from maintaining the action. Sometimes shortened to precludi non.

preclusion order See ORDER (2).

preclusion order An order barring a litigant from presenting or opposing certain claims or defenses for failing to comply with a discovery order.

precognition (pree-kog-nish-an). Scots law. 1. A preliminary examination under oath of persons believed to have knowledge about the facts of a case, esp., in a criminal case, to determine whether there is sufficient evidence for a trial. 2. The written record of the statement that a prospective witness can as evidence.

precompounded prescription drug A drug that is distributed from the manufacturer, to the pharmacist, and then to the consumer without a change in form.

precompounded prescription drug See DRUG.

preconceived malice See MALICE AFORETHOUGHT.

precondition A stipulated act or event that must occur before either party to a contract will be bound by the contract; a prerequisite. 2. A condition that is explicitly stated in an instrument; esp., a contractual condition that the parties have reduced to writing.

precondition See CONDITION (1).

precontract See CONTRACT.

precontract A contract that precludes a party from entering into a comparable agreement with someone else. Historically, a precontract was usu. a promise to marry. It formed an impediment to marriage with any person other than the promisee. The legal impediment was extinguished and revived several times until it was finally abolished in 1752 by 26 Geo. 2, ch. 33, § 13. Cf. LETTER OF INTENT.

predate vb. See ANTEDATE.

predation See PREDATORY PRICING.

predator See SEXUAL PREDATOR.

predatory crime A crime that involves preying upon and victimizing individuals. Examples include robbery, rape, and carjacking.

predatory crime See CRIME.

predatory intent See INTENT (1).

predatory intent A businesss intent to injure a competitor by unfair means, esp. by sacrificing revenues to drive a competitor out of business.

predatory price See PREDATORY PRICING.