Legal Definitions - ubi supra

Ubi supra

In Latin, ubi supra translates to "where stated above." This phrase is used in legal documents to refer back to a specific point, definition, or statement that has already been presented earlier in the same document. Its purpose is to avoid repetition and maintain conciseness, directing the reader to a prior section for the full context.

• Example 1: In a Commercial Contract

  Imagine a detailed commercial contract that, in its initial clauses, thoroughly defines the "Proprietary Software" being licensed, including its version, features, and intellectual property rights. Later in the contract, when discussing the licensee's obligations regarding updates or modifications, a clause might state: "The Licensee shall not reverse-engineer or decompile the Proprietary Software ubi supra."

  This example illustrates ubi supra by referring back to the comprehensive definition of "Proprietary Software" that was provided earlier in the document, without needing to restate all its characteristics.

• Example 2: In a Legal Brief or Pleading

  Consider a lawyer's brief filed with a court. In the "Statement of Facts" section, the brief might meticulously detail the timeline of events leading to a dispute, including specific dates, parties involved, and actions taken. Later, in the "Argument" section, when applying legal principles to those facts, the lawyer might write: "Given the sequence of events established ubi supra, the defendant's actions constitute a clear breach of contract."

  Here, ubi supra directs the reader back to the earlier factual narrative, ensuring the argument is understood in the context of the previously presented details without re-listing them.

• Example 3: In a Last Will and Testament

  In a will, a testator might, in an early paragraph, define a specific charitable trust, including its purpose, the initial trustees, and the beneficiaries it aims to serve. Later, when allocating a portion of their estate to this trust, the will might state: "I bequeath one-third of my residual estate to the Charitable Trust ubi supra, to be administered according to its terms."

  This use of ubi supra ensures that the specific charitable trust being referenced is the one fully described earlier in the will, preventing ambiguity and maintaining clarity regarding the testator's intentions.