Legal Definitions - preferred cause

A preferred cause refers to a legal reason, ground, or justification that is given special weight, priority, or a favorable presumption by law or a court. When a party can demonstrate a preferred cause, it often means they have an easier path to achieving a desired legal outcome, or the opposing party faces a higher burden to overcome that reason.

Here are some examples:

• Example 1: Freedom of Speech in Public Spaces

  Imagine a local government attempts to restrict a peaceful protest in a public town square, citing concerns about noise and traffic disruption. In many legal systems, the right to freedom of speech is considered a "preferred cause" or a fundamental right. This means that the government cannot simply ban the protest; it must demonstrate a very compelling reason for the restriction and show that it is using the least restrictive means possible to achieve its goal. The burden is heavily on the government to justify limiting this preferred right.

  How it illustrates the term: Freedom of speech is a preferred cause because the law gives it a higher status and presumption of validity. Any attempt to restrict it faces a higher legal hurdle, making it easier for those asserting their right to free speech to challenge such restrictions.

• Example 2: Whistleblower Protection in Employment

  Consider an employee who discovers their company is illegally dumping waste and reports it to environmental authorities. Shortly after, the employee is fired. If the employee sues for wrongful termination, alleging they were fired in retaliation for whistleblowing, this "retaliation for reporting illegal activity" is often a preferred cause for a wrongful termination claim. Laws are specifically designed to protect whistleblowers, making it difficult for an employer to justify termination if it's linked to such a report.

  How it illustrates the term: The act of whistleblowing, when followed by adverse employment action, becomes a preferred cause for a lawsuit because the law prioritizes protecting individuals who expose wrongdoing. This gives the employee a stronger legal position than if they were fired for a less protected reason.

• Example 3: "Best Interests of the Child" in Family Law

  During a contentious divorce, both parents seek full custody of their children. While the court will consider each parent's wishes and capabilities, the primary and "preferred cause" that guides the court's decision-making process is always the "best interests of the child." This legal standard takes precedence over the parents' individual desires or convenience.

  How it illustrates the term: The "best interests of the child" is a preferred cause because it is the paramount consideration that courts must prioritize above all other factors when making custody and visitation decisions. It holds a superior legal standing in family law matters.