Written by attorneys · grounded in primary & secondary sources — see below
A prefix denoting an event, act, or condition occurring before a later legal milestone such as birth, contract formation, or rezoning. The prefix commonly appears in doctrines protecting prior reliance or consent.
Sources & Authorities· 7 primary sources
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Uniform Acts
Model Codes
Common Law
Restatements
How it applies
Common Examples
5
Pre-Birth Adoption Consent
Paula Pierce signed a notarized consent form two weeks before her child was born. After the birth the agency petitioned for adoption. The court refused to treat the pre-birth document as irrevocable consent because the statute requires consent at or after the prescribed time.
Nonconforming Use Protection
Priscilla Parks operated a small machine shop on land later rezoned residential. The city sought immediate closure. The court recognized her vested right to continue the preexisting lawful use and barred the municipality from eliminating it without following statutory procedures.
Pre-Contract Memorandum
Pablo Perez sent a signed letter offering to sell land. The buyer accepted orally the next day. When the seller later refused, the court held the earlier signed letter satisfied the statute of frauds even though it predated formation of the contract.
Put it into practice
Test Yourself
5
Practice Essays5
Study Supplements
Vested Rights After Permit
Pedro Pacheco obtained a building permit and spent substantial sums constructing a commercial structure. The city then rezoned the area residential. The court protected the developer’s vested right because good-faith reliance and expenditures made revocation inequitable.
Amortization Of Nonconforming Use
Paige Porter owned a long-established gravel pit rendered nonconforming by new zoning. The ordinance allowed five years to phase out the use. The court upheld the amortization period after weighing the owner’s investment against the public interest and the time allowed.
Common questions
Frequently Asked
3
When may a mother withdraw consent to adoption?+
Consent may be withdrawn before the adoption decree if withdrawal serves the child’s best interest. Notice and a hearing are required for all parties and any involved agency.
Supporting sources
What happens to a nonconforming use after rezoning?+
The owner retains a vested right to continue the use. The right ends only through abandonment, statutory discontinuance, or a valid amortization ordinance.
Supporting sources
Can a memorandum signed before contract formation satisfy the statute of frauds?+
Yes. A signed pre-contract writing such as an offer may be adopted after formation and still satisfy the statute.
Supporting sources
EvidencePresentation of evidence · PresumptionsUBEFoundational