Also known as:pecunia · pecuniae · pecuniarily · monetary · financial
Written by attorneys · grounded in primary & secondary sources — see below
An adjective denoting a connection to money or monetary value. The term identifies interests, losses, or resources measured in financial terms rather than personal or emotional ones.
Sources & Authorities
How it applies
Common Examples
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Statement Against Pecuniary Interest
Priscilla Parks told her neighbor that she had already transferred her interest in a family trust to her brother. A reasonable person in her position would have made the statement only if she believed it true because it was contrary to her pecuniary interest in retaining the trust assets. The statement therefore qualifies as a hearsay exception when offered against her in later litigation.
Judge and Financial Influence
Pablo Perez, a sitting judge, owned shares in a corporation that was a party before him. The ownership created a direct pecuniary interest that could affect the outcome of the case. Under the rule, Judge Perez must not permit that financial interest to influence his judicial conduct or judgment.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Protective Action for Diminished Capacity
Pierre Poulin's client Paige Porter showed signs of diminished capacity and faced imminent loss of her retirement savings. Because the client could not protect her own pecuniary interests, the lawyer took protective steps including consulting a financial advisor and seeking appointment of a conservator.
Capacity for Irrevocable Gift
Pierce Patterson executed an irrevocable gift of his only significant asset to a distant relative. To have capacity, Patterson had to understand the effect the transfer would have on his future financial security and on anyone dependent on him for support.
Financial Assistance in Housing
Pilar Pena applied for a mortgage through Prosperity Investments. The lender's decision to extend or deny the loan constituted the making or purchasing of loans or providing other financial assistance covered by the statute.
Maintenance Award Factors
After divorce, Phoenix Technologies awarded spousal maintenance to its former employee. The court considered the financial resources of the party seeking maintenance, including marital property apportioned to that party and the ability to meet needs independently.
Common questions
Frequently Asked
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How does a pecuniary interest differ from a proprietary interest in hearsay exceptions?+
A pecuniary interest involves money or monetary value while a proprietary interest involves ownership of property. Both can render a statement against interest admissible under the hearsay exception when the declarant would not have made the statement unless believing it true.
When must a judge recuse because of a pecuniary interest?+
A judge must not permit a pecuniary interest to influence judicial conduct or judgment. Ownership of even a small financial stake in a party or the subject matter can create the prohibited influence.
What role does pecuniary harm play in defamation claims requiring special damages?+
Special harm in slander cases typically means actual pecuniary loss such as lost commissions or business opportunities. Without proof of such monetary injury, many slander claims fail even if the statement was false and published.
376 U.S. 254 (1964)Remedies
…respondent had nothing to do with procuring the indictment. Respondent made no effort to prove that he suffered actual pecuniary loss as a result of the alleged libel. One of his witnesses, a former employer, testified that if he had believed the statements, he doubted whether he "would want to be associated with…