Also known as:before mentioned · beforementioned · aforementioned · aforesaid
Written by attorneys · grounded in primary & secondary sources — see below
A referential phrase in legal documents indicating a person, thing, or matter previously identified or discussed within the same instrument.
Sources & Authorities
How it applies
Common Examples
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Federal Jurisdiction Over Maritime Dispute
Bethany Boyd sued a foreign vessel owner in federal district court after a collision in the contiguous zone. The complaint invoked jurisdiction over the before-mentioned cases of admiralty and maritime jurisdiction listed in the Constitution. The court accepted the filing because the facts fit one of those enumerated categories.
Oath Requirement For Legislators
Bei Bai challenged a state tax that conflicted with an earlier federal treaty. Counsel cited the before-mentioned Senators and Representatives who must be bound by oath to support the Constitution. The state court dismissed the tax claim and enforced the federal obligation.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Study Supplements
Bruce Baldwin sought to enjoin enforcement of a state waiting-period statute. The brief referred to the before-mentioned undue-burden standard from prior precedent. The district court applied that standard and granted preliminary relief.
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
State Sovereign Immunity Suit
Brendan Burns filed a federal wage claim against the state in state court. The answer invoked the before-mentioned immunity recognized in the Eleventh Amendment context. The court dismissed the action for lack of jurisdiction.
Alden v. Maine527 U.S. 706 (1999)
Second Amendment Challenge
Brooke Bryant sought to register a handgun in the District of Columbia. The complaint cited the before-mentioned individual right to keep and bear arms. The court struck down the registration requirement as unconstitutional.
District of Columbia v. Heller554 U.S. 570 (2008)
Foreign Affairs Preemption Claim
Brian Bailey challenged a state law restricting exports to a sanctioned country. Counsel pointed to the before-mentioned exclusive federal power over foreign relations. The court held the state statute preempted and unenforceable.
United States v. Curtiss-Wright Export Corp.299 U.S. 304 (1936)
Common questions
Frequently Asked
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Why do modern drafting guides advise against using before-mentioned?+
The phrase is archaic legalese that adds unnecessary formality without improving clarity. Contemporary style manuals recommend plain English alternatives such as the previously identified party or the matter just described.
Supporting sources
Does the Constitution itself employ before-mentioned?+
Yes. Article III, Section 2 uses the phrase to refer back to the enumerated heads of jurisdiction listed earlier in the same section.
Supporting sources
What is the practical effect of the phrase in a contract or statute?+
It functions as an internal cross-reference, directing the reader to an earlier definition or description within the same document so that later provisions can incorporate that earlier language without repetition.
Supporting sources
Is before-mentioned interchangeable with aforesaid?+
Yes. Both are traditional referential phrases that point to something already named or discussed. Neither adds substantive legal content beyond the reference itself.
Supporting sources
17 U.S. (4 Wheat.) 316 (1819)Business Associations
…delivery; provided always that any institution of the above description may relieve itself from the operation of the provisions aforesaid by paying annually, in advance, to the Treasurer of the Western Shore, for the use of the State, the sum of $15,000. "And be it enacted that the President, cashier, each of the directors…