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predatory pricing Unlawful below-cost pricing intended to eliminate specific competitors and reduce overall competition; pricing below an appropriate measure of cost for the purpose of eliminating competitors in the short run and reducing competition in the long run. Also termed predation. See ANTITRUST. "In its most orthodox form, predatory pricing refers to a practice of driving rivals out of business by selling at a price below cost. The predator s intent and the only intent that can make predatory pricing rational, profit maximizing behavior is to charge monopoly prices after rivals have been dispatched or disciplined. Predatory pricing is analyzed under the antitrust laws as illegal monopolization or attempt to monopolize under § 2 of the Sherman Act, or sometimes as a violation of the Clayton Act § 2, generally called the Robinson- Patman Act." Herbert Hovenkamp, Federal Antitrust Policy 335 (2d ed. 1999).

predecease vb. To die before (another) <she predeceased her husband>.

predecessor 1. One who precedes another in an office or position. 2. An ancestor.

predecisional adj. Of, relating to, or occurring during the time before a decision.

predial (pree-dee-al), adj. Of, consisting of, relating to, or attached to land <predial servitude>. Also spelled praedial.

predial servitude See servitude appurtenant under SERVITUDE (2).

predial servitude See servitude appurtenant.

predial tithe See TITHE.

predicate act An act that must be completed before legal consequences can attach to it or to another act or before further action can be taken .o In statutes, words such as "if" often precede a description of a predicate act.

predicate act 1. See predicate offense under OFFENSE (1). 2. See lesser included offense under OFFENSE (1). 3. Under RICO, one of two or more related acts of racketeering necessary to establish a pattern. See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT. 4. See predicate act under ACT (2).

predicate fact See FACT.

predicate offense See lesser included offense under OFFENSE (1).

predicate offense 1. An earlier offense that can be used to enhance a sentence levied for a later conviction. Predicate offences are defined by statute and are not uniform from state to state. 2. See lesser included offense.

predicatefact (pred-a-kit). 1. A fact from which a presumption or inference arises. 2. A fact necessary to the operation of an evidentiary rule. For example, there must actually be a conspiracy for the co-conspirator exception to the hearsay rule to apply. - Also termed foundational fact; evidentiary fact.

prediction theory 1. See BAD-MAN THEORY. 2. See PREDICTIVE THEORY OF LAW.

predictive theory of law The view that the law is nothing more than a set of predictions about what the courts will decide in given circumstances. This theory is embodied in Holmes s famous pronouncement. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law." Oliver Wendell Holmes, The Path ofthe Law, 10 Harv. L. Rev. 457, 460-61 (1897). Also termed prediction theory. Cf. BAD-MAN THEORY.

predisposition A person s inclination to engage in a particular activity; esp., an inclination that vitiates a criminal defendant s claim of entrapment.

predominant-aspect test See PREDOMINANT-PURPOSE TEST.

predominant-purpose test An assessment of whether Article 2 of the UCC applies to an exchange, conducted by considering whether the exchange s chief aspect, viewed in light of all the circumstances, is the sale of goods. If goods account for most of the exchange s value, it is probably a sale; if services account for most of the value, it probably is not. The leading case is Bone¬brake v. Cox, 499 F.2d 951, 960 (Sth Or. 1974). Also termed predominant-aspect test.

preemption (pree-emp-shan), 1. The right to buy before others. See RIGHT OF PREEMPTION. 2. The purchase of something under this right. 3. An earlier seizure or appropriation. 4. The occupation of public land so as to establish a preemptive title. 5. Constitutional law. The principle (derived from the Supremacy Clause) that a federal law can supersede or supplant any inconsistent state law or regulation. Also termed (in sense 5) federal preemption. See COMPLETE-PREEMPTION DOCTRINE. preempt, vb. preemptive, adj.

preemption claimant One who has settled on land subject to preemption, intending in good faith to acquire title to it.

preemption right The privilege to take priority over others in claiming land subject to preemption. The privilege arises from the holder s actual settlement of the land. See PREEMPTION (3).

preemptive right A shareholder s privilege to purchase newly issued stock - before the shares are offered to the public in an amount proportionate to the shareholder s current holdings in order to prevent dilution of the shareholder s ownership interest. This right must be exercised within a fixed period, usu. 30 to 60 days. Also termed subscription privilege. See SUB-SCRIPTION RIGHT. Cf. rights offering under OFFERING.

preexisting condition A physical or mental condition evident during the period before the effective date of a medical-insurance policy. Typically, coverage for later treatment for such a condition is excluded if symptoms of the condition were present during the period before the policy was effective.

preexisting condition See CONDITION (2).

preexisting duty See DUTY (1).

preexisting duty A duty that one is already legally bound to perform. See PREEXISTING-DUTY RULE.

preexisting-duty rule The rule that if a party does or promises to do what the party is already legally obligated to do or refrains or promises to refrain from doing what the party is already legally obligated to refrain from doing the party has not incurred detriment. This rule s result is that the promise does not constitute adequate consideration for contractual purposes. For example, if a builder agrees to construct a building for a specified price but later threatens to walk off the job unless the owner promises to pay an additional sum, the owner s new promise is not enforceable because, under the preexisting-duty rule, there is no consideration for that promise. Also termed preexisting-Legal-duty rule.

prefect (pree-fekt), 1. A high official or magistrate put in charge of a particular command, department, or region. 2. In New Mexico, a probate judge.

prefect of the city See PRAEFECTUS URBI.

prefer 1. To put forward or present for consideration; esp. (of a grand jury), to bring (a charge or indictment) against a criminal suspect <the defendant claimed he was innocent of the charges preferred against him>. 2. To give priority to, such as to one creditor over another <the statute prefers creditors who are first to file their claims>.

preference 1. The act of favoring one person or thing over another; the person or thing so favored. 2. Priority of payment given to one or more creditors by a debtor; a creditor s right to receive such priority. 3. Bankruptcy. PREFERENTIAL TRANSFER.

preference case See preferred cause under CAUSE (3).

preference cause See preferred cause under CAUSE (3).

preference in being recognized See PRECEDENCE (4).

preference shares See preferred stock under STOCK.

preferential union shop A shop in which union members are given preference over nonunion members in employment matters. - Also termed preferential shop.

preferential assignment See PREFERENTIAL TRANSFER.

preferential assignment See PREFERENTIAL TRANSFER.

preferential ballot See preferential vote under VOTE (1).

preferential ballot See preferential vote under VOTE (1).

preferential debt See DEBT.

preferential debt A debt that is legally payable before others, such as an employee's wages.

preferential nonunion shop A shop in which nonunion members are given preference over main members in employment matters.

preferential nonunion shop See SHOP.

preferential rule A rule that prefers one kind of evidence to another. It may work provisionally, as when a tribunal refuses to consider one kind ofevidence until another kind (presumably better) is shown to be unavailable, or it may work absolutely, as when the tribunal refuses to consider anything but the better kind of evidence. "There are only three or four ... sets of [preferential] rules. There is a rule preferring the production of the original of a document, in preference to a copy. There is a rule requiring the attesting witness to a will to be summoned to evidence its execution. And there is a rule preferring the magistrate s official report of testimony taken before him. Then there are a few miscellaneous rules, such as the officially certified enrollment of a statute, etc." John H. Wigmore, A Students Texrbook of the Law of Evidence 219 (1935).

preferential shop See preferential union shop.

preferential shop See preferential union shop under SHOP.

preferential tariff See TARIFF (2).

preferential tariff A tariff that favors the products of one country over those of another. Cf. MOSTFAVORED-NATION CLAUSE.

preferential transfer A prebankruptcy transfer made by an insolvent debtor to or for the benefit of a creditor, thereby allowing the creditor to receive more than its proportionate share of the debtor s assets; specif., an insolvent debtor s transfer of a property interest for the benefit of a creditor who is owed on an earlier debt, when the transfer occurs no more than 90 days before the date when the bankruptcy petition is filed or (if the creditor is an insider) within one year of the filing, so that the creditor receives more than it would otherwise receive through the distribution of the bankruptcy estate. Under the circumstances described in 11 USCA § 547, the bankruptcy trustee may recover for the estate s benefit a preferential transfer from the transferee. Also termed preference; voidable preference; voidable transfer; pref erential aSSignment. Cf. FRAUDULENT CONVEYANCE (2).

preferential union shop See SHOP.

preferential vote See VOTE (1).

preferential voting See VOTING.

preferred adj. Possessing or accorded a priority or privilege <a preferred claim>.

preferred cause A case that a court may for good reason accelerate and try ahead ofother cases. Also termed preference case; preference cause.

preferred cause See CAUSE (3).

preferred creditor See CREDITOR.

preferred creditor A creditor with a superior right to payment, such as a holder of a perfected security interest as compared to a holder of an unsecured claim.

preferred dividend A dividend paid to preferred shareholders, who are generally paid a fixed amount and take priority over common shareholders.

preferred dividend See DIVIDEND.

preferred docket See DOCKET (2).

preferred docket A list of cases set for trial, arranged in order of priority. Criminal cases are, for example, generally given precedence over civil cases on the preferred docket because of the constitutional right to a speedy trial. 3. DOCKET CALL <the agreed judgment was Signed at the court's uncontested docket call on May 24>. 4. Par liamentary law. A list of each motion, report, election, and other business that awaits a deliberative assembly's consideration, from which a board or officer prepares and circulates an agenda for each meeting or for a series of upcoming meetings <in planning the meeting, the chair worked from an exhaustive docket>. See AGENDA. S. A written abstract that provides specific information (usu. about something attached); esp., a label <check the docket to determine the goods' destination and value>. 6. Rist. A notary's attestation at the end of a deed or other instrument; esp., the attestation at the end of an instrument of seisin. - Also spelled docquet. See MANU ALIENA.

preferred stock See STOCK.

preferred stock A class ofstock giving its holder a preferential claim to dividends and to corporate assets upon liquidation but that usu. carries no voting rights. Also termed preference shares. Cf. common stock.

preferred-provider organization A group of healthcare providers (such as doctors, hospitals, and pharmacies) that agree to provide medical services at a discounted cost to covered persons in a given geographic area. - Abbr. PPO. Cf. HEALTH-MAINTENANCE ORGANIZATION; MANAGED-CARE ORGANIZATION.

preferring of charges The formal completion of a charge sheet, which includes signing and swearing to the charges and specifications. Only a person subject to the Uniform Code of Military Justice can prefer charges. Cf. INITIATION OF CHARGES.

prefiled bill A bill that has been drafted and submitted before a legislative session begins.

prefiled bill See BILL (3).

Pregnancy-Discrimination Act A federal statute that prohibits workplace discrimination against a pregnant woman or against a woman affected by childbirth or a related medical condition. 42 USCA § 2000. The Pregnancy-Discrimination Act is part of Title VII of the Civil Rights Act of 1964. Abbr. PDA.

pregnant chad See dimpled chad under CHAD.

pregnant chad See dimpled chad.

prehearing conference An optional conference for the discussion of procedural and substantive matters on appeal, usu. held in complex civil, criminal, tax, and agency cases. Those attending are typically the attorneys involved in the case as well as a court representative such as a judge, staff attorney, or deputy clerk. Fed. R. App. P. 33. "The prehearing conference, if held, generally is scheduled after the time for appeal and cross-appeal has passed, and as soon as it becomes apparent that the case is complex due to the legal issues, the length of the record, or the number of parties. In a complex or multiparty case, the conference provides a forum in which to discuss briefing responsibilities, timing, and handling the record and joint appendix. There may be some discussion of the amount of oral argument the parties desire and how that argument will be divided ... ." Michael E. Tigar, Federal Appeals: Jurisdiction and Practice § 8.06, at 309-10 (2d ed. 1993).

prehire agreement An employment contract between a union and an employer, in which the employer agrees to hire union members. See closed shop under SHOP.

prejudgment attachment An attachment ordered before a case is decided. Cf. provisional attachment . provisional attachment. A prejudgment attachment in which the debtor's property is seized so that if the creditor ultimately prevails, the creditor will be assured of recovering on the judgment through the sale of the seized property. Ordinarily, a hearing must be held before the attachment takes place, and most courts require the creditor to post a bond for any damages that result from the seizure (esp. if the creditor ultimately loses in the lawsuit). Cf. prejudgment attachment. 2. The arrest of a person who either is in contempt of court or is to be held as security for the payment of a judgment. 3. A writ ordering legal seizure of property (esp. to satisfy a creditor's claim) or of a person. - Also termed writ oj attachment.

prejudgment attachment See ATTACHMENT (1).

prejudgment interest Statutorily prescribed interest accrued either from the date of the loss or from the date when the complaint was filed up to the date the final judgment is entered. Prejudgment interest is usu. calculated only for liquidated sums. Depending on the statute, it mayor may not be an element of damages. Also termed moratory interest.

prejudgment interest See INTEREST (3).

prejudice 1. Damage or detriment to one s legal rights or claims. See dismissal with prejudice and dismissal without prejudice under DISMISSAL.

prejudicial error See reversible error under ERROR (2).

prejudicial publicity Extensive media attention devoted to an upcoming civil or criminal trial. Under the Due Process Clause, extensive coverage of a criminal trial may deprive the defendant of a fair trial.

preliminary adj. Coming before and usu. leading up to the main part of something <preliminary negotiations>.

preliminary amendment See PATENT-APPLICATION AMENDMENT.

preliminary amendment An amendment filed before the U.S. Patent and Trademark Office issues an office action on a patent application. Amendments that are not filed with the original application are not considered part of the original disclosure. - Also termed amendment before first action.

preliminary availability search Trademarks. A cursory or moderate search of registered trademarks and common-law uses of proposed-trademark names or phrases, done to narrow the list of names phrases before conducting a thorough search.

preliminary complaint See COMPLAINT.

preliminary complaint A complaint issued by a court to obtain jurisdiction over a criminal suspect for a hearing on probable cause or on whether to bind the suspect over for trial.

preliminary crime See inchoate offense under OFFENSE (1).

preliminary crime See inchoate offense under OFFENSE (1).

preliminary evidence Evidence that is necessary to begin a hearing or trial and that may be received conditionally in anticipation of other evidence linking it to issues in the case. Fed. R. Evid. 104.

preliminary evidence See EVIDENCE.

preliminary examination 1. See EXAMINATION (3). 2. See PRELIMINARY HEARING.

preliminary examination A patent office's initial review of an application, usu. to see whether the specification is properly set out and to prepare a search report.

preliminary hearing A criminal hearing (usu. conducted by a magistrate) to determine whether there is sufficient evidence to prosecute an accused person. If sufficient evidence exists, the case will be set for trial or bound over for grand-jury review, or an information will be filed in the trial court. Also termed preliminary examination; probable-cause hearing; bindover hearing; examining trial. Cf. ARRAIGNMENT.

preliminary hearing See PRELIMINARY HEARING.

preliminary injunction A temporary injunction issued before or during trial to prevent an irreparable injury from occurring before the court has a chance to decide the case. A preliminary injunction will be issued only after the defendant receives notice and an opportunity to be heard. Also termed interlocutory injunction; temporary injunction; provisional injunction; injunction pendente lite. Cf. ex parte injunction; TEMPORARY RESTRAINING ORDER.

preliminary injunction See INJUNCTION.

preliminary inquiry The initial investigation of a reported or suspected violation of the Uniform Code of Military Justice. Cf. PRETRIAL INVESTIGATION.

preliminary letter See INVITATION TO NEGOTIATE.

preliminary objection In a case before an international tribunal, an objection that, if upheld, would render further proceedings before the tribunal impossible or unnecessary. An objection to the court s jurisdiction is an example of a preliminary objection.