Legal Definitions - prefer

In legal contexts, the term "prefer" has two distinct meanings:

• To formally present a charge or accusation:

  This refers to the act of officially bringing forward a legal accusation, charge, or indictment against an individual or entity. It signifies the formal step taken by an authority, such as a grand jury or a prosecutor, to initiate legal proceedings based on alleged wrongdoing.

  • Example 1: After reviewing the evidence, the grand jury voted to prefer charges of embezzlement against the former company executive.

    Explanation: This illustrates the grand jury formally presenting the accusation of embezzlement, indicating their decision that there is sufficient evidence to proceed with a criminal trial.

  • Example 2: The state prosecutor decided to prefer a misdemeanor charge for property damage rather than a felony, given the minor nature of the incident.

    Explanation: Here, the prosecutor is formally bringing forward a specific legal charge against an individual, choosing the level of severity for the accusation.

• To give legal priority or advantage to one party over another:

  This meaning applies when a law, court, or legal document mandates that one claim, creditor, or right must be satisfied or given precedence before others, especially in situations where resources are limited, such as bankruptcy or estate distribution.

  • Example 1: In the event of a company's liquidation, the law will often prefer secured creditors, ensuring they are paid before unsecured creditors.

    Explanation: This demonstrates how the law gives a higher legal priority or advantage to secured creditors, allowing them to recover their debts before others in a bankruptcy scenario.

  • Example 2: The terms of the will clearly stated that all outstanding debts and funeral expenses were to be preferred before any assets were distributed to the beneficiaries.

    Explanation: This shows that the will legally prioritizes the payment of debts and funeral expenses, requiring them to be settled first before any inheritance is passed on.

  • Example 3: A state statute may prefer claims for unpaid child support over other types of personal debt when a person's wages are garnished.

    Explanation: This illustrates a legal mandate that gives child support obligations a higher priority, meaning they must be satisfied from garnished wages before other creditors can collect.