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Legal Definitions - exordium

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Definition of exordium

Exordium

The term exordium refers to the introductory part of a formal document, speech, or discourse. Its purpose is to set the stage, introduce the subject matter, identify the author or parties involved, and often declare the intent or purpose of the document or presentation.

  • In a Last Will and Testament: The opening paragraph of a will typically serves as its exordium. For instance, a will might begin with a statement like, "I, Jane Doe, residing in Anytown, State, being of sound mind and memory, do hereby declare this instrument to be my Last Will and Testament, revoking all prior wills and codicils."

    This section is an exordium because it formally introduces the document, identifies the person making the will (the testator), confirms their mental capacity, and states their intention to create a new will while invalidating any previous ones.

  • In a Legal Complaint: When an attorney files a lawsuit, the initial section of the complaint document acts as an exordium. It might read, for example, "Plaintiff, Acme Corporation, by and through its undersigned counsel, hereby files this Complaint against Defendant, Beta LLC, and alleges as follows:"

    This introductory language is the exordium as it formally identifies the parties involved in the lawsuit (plaintiff and defendant), names the type of legal document being filed, and signals the commencement of the detailed allegations and legal arguments.

  • In a Formal Business Contract: The preliminary clauses of a significant business agreement often constitute its exordium. Consider a partnership agreement that begins with, "This Partnership Agreement ('Agreement') is made and entered into as of January 1, 2024, by and between Green Solutions Inc., a corporation organized under the laws of Delaware, with its principal place of business at 123 Main Street ('Partner A'), and Eco Innovations LLC, a limited liability company organized under the laws of California, with its principal place of business at 456 Oak Avenue ('Partner B')."

    This section functions as the exordium by formally identifying all the parties entering into the agreement, specifying their legal structures and locations, and establishing the effective date of the contract, thereby setting the foundational context for the terms and conditions that follow.

Simple Definition

An exordium is the introductory section of a discourse or written document. In legal practice, especially within a will, this initial clause typically states the testator's name and confirms their legal capacity to make the will.

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