Written by attorneys · grounded in primary & secondary sources — see below
An adjective used in legal drafting to identify a person, thing, or matter previously mentioned in the same document or instrument.
Sources & Authorities· 14 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Presidential Term Limits
Andre Antoine, a state legislator, challenged whether the aforesaid President could serve beyond four years under Article II. The court applied the constitutional text vesting executive power in a President elected for a four-year term and rejected the claim. The decision turned on the plain language fixing the term length.
Custodial Interrogation Warnings
Amber Alonzo was questioned in custody without receiving the aforesaid Miranda warnings. The prosecution sought to introduce her statements at trial. The court suppressed the evidence because no valid waiver had been obtained after the required advisements.
Adrian Aguilar obtained a judgment in State A and sought enforcement in State B against the aforesaid defendant. The court admitted the authenticated records under the federal statute and gave them the same effect as in the rendering state. Enforcement proceeded without relitigation of the underlying claim.
Open-Price Contract Formation
Atlas Ventures and Artemis Logistics formed a sales contract even though nothing was said as to price in the aforesaid agreement. The buyer later disputed the amount due. The court supplied a reasonable price at the time for delivery under the UCC gap-filler rule.
Statute of Frauds Memorandum Timing
Audrey Ashton signed a written offer before forming the land contract with Austin Abbott. The aforesaid memorandum was later relied upon to satisfy the Statute of Frauds. The court enforced the agreement because a sufficient writing existed regardless of when it was signed.
Federal Judicial Power Scope
Avalon Pharmaceuticals sued a state agency in federal court over a federal statute. The court exercised jurisdiction under the aforesaid Article III grant extending judicial power to cases arising under federal law. The case proceeded because it fell squarely within the constitutional boundaries.
Common questions
Frequently Asked
3
What does 'aforesaid' mean in a legal document?+
It is an adjective that points back to a person, thing, or matter already mentioned earlier in the same document.
Supporting sources
Why do modern legal writing guides discourage use of 'aforesaid'?+
The word is archaic legalese that adds no precision and can create ambiguity when multiple prior references exist. Clearer alternatives such as 'the' or repeating the noun improve readability without sacrificing accuracy.
Supporting sources
Is 'aforesaid' ever required in contemporary drafting?+
No. Courts and statutes recognize ordinary English equivalents, and the term survives mainly in patent claims where precision conventions persist. In most transactional and litigation documents it is unnecessary and disfavored.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…answer as to facts which came officially to his knowledge while so acting. The questions were written and handed to him and he said his objections were of two kinds: first, he did not think himself bound to disclose his official transactions while acting as Secretary of State; second, he ought not be compelled to answer…