Legal Definitions - prior

The term "prior" has several meanings in a legal context, often referring to something that came before in time, order, or importance, or specifically to a previous criminal conviction.

• Prior (adjective) - Preceding in time or order

  When used as an adjective, "prior" often means something that happened or existed earlier than a specific point in time or sequence.

  • Example 1: Before approving the new building plans, the city council reviewed all prior zoning applications for that specific parcel of land.

    Explanation: This illustrates "prior" meaning "earlier" or "previous." The council looked at applications that were submitted before the current one.

  • Example 2: During the investigation, the detective asked the witness if they had any prior knowledge of the suspect's activities before the incident occurred.

    Explanation: Here, "prior knowledge" refers to information the witness possessed at any point before the specific event being investigated.

• Prior (adjective) - Taking precedence or having higher importance

  In some legal contexts, "prior" can indicate something that holds a higher rank or takes precedence over something else, especially concerning rights or claims.

  • Example 1: When a business declared bankruptcy, the secured creditors, such as banks holding mortgages, typically have a prior claim on the company's assets over unsecured creditors.

    Explanation: This means the secured creditors' claims must be satisfied first because they have a higher legal standing or precedence.

  • Example 2: The contract stipulated that any modifications to the agreement required prior written consent from both parties.

    Explanation: This indicates that obtaining consent is a condition that must be met before any changes can be made; it takes precedence over making the change itself.

• Prior (noun) - In criminal law, a previous conviction

  In criminal law, particularly in informal or slang usage, "a prior" refers to a defendant's previous criminal conviction or record.

  • Example 1: Because the defendant had several priors for similar offenses, the judge imposed a harsher sentence than might otherwise have been given.

    Explanation: "Priors" here refers to the defendant's past criminal convictions, which influenced the judge's sentencing decision.

  • Example 2: During plea negotiations, the prosecutor highlighted the suspect's two priors for assault, suggesting a plea bargain might be less lenient.

    Explanation: The prosecutor is referring to the suspect's two previous assault convictions as a factor in the negotiation.