PRIME

10 definitions found across Law Mind sources

PRIMEAuthored
The Law Mind • 1133 words
Definition
PRIME carries three distinct legal meanings, each operating in a different doctrinal context: 1. As a verb: To take precedence or priority over competing claims, liens, or interests. When a lien or encumbrance "primes" another, it stands first in order of satisfaction. Usage is most common in secured transactions and tax law, where a senior interest is said to prime all junior interests. 2. As a French-law term (noun, prime): The price paid for the risk assumed by an insurer — that is, the insurance premium. Drawn from French maritime insurance practice and carried into common law treatises through works such as Emerigon's Traité des Assurances, the term in this sense is largely archaic in modern English-language legal writing, having been displaced by "premium." 3. As a commercial adjective: Of the highest grade or quality, as in "prime barley" or "prime cost." In commercial contracts, prime denotes conformity with the top grade recognized by merchants in the relevant trade, and its meaning is determined by trade usage rather than fixed legal definition. "Prime cost" refers specifically to the actual bona fide purchase price paid for goods, without markup.
Common Language
Modern common usage (Wiktionary): To fill or prepare a mechanism for its main work; to apply a primer coat; first in rank or quality. Historical common usage (Webster's 1913): First in order of time, rank, or excellence; early; original. "Prime minister." "Prime wheat." The common meaning of prime — highest quality, first in rank — bleeds naturally into the commercial-adjective legal meaning and creates no real gap there. The gap that matters for legal research is between the verb "to prime" (to take priority over) and any common understanding of the word. In everyday usage, prime does not connote legal precedence or lien superiority. A researcher encountering "taxes prime all other liens" in a 19th-century opinion must recognize this as a technical statement about lien priority, not merely a rhetorical claim that taxes are important.
Recognized Forms
/SUBTYPES Prime (noun, insurance): The French-derived term for insurance premium. Appears in treatises on marine insurance and in courts applying civilian or admiralty principles. Prime (verb, priority): The active, transitive legal usage. A lien, claim, or interest primes another when it has superior priority. Prime (adjective, commercial quality): Highest merchantable grade; meaning governed by trade custom. Related usage: prime cost — the true original purchase price paid on a genuine transaction.
Why It Matters in Research
The verb usage — "to prime" as a statement of lien priority — is the most practically significant meaning for American legal research and the one most likely to be misread. In 19th- and early 20th-century equity opinions and real property cases, courts routinely write that one lien "primes" another without explanation, treating the usage as self-evident. Researchers unfamiliar with the term may underread these passages as informal emphasis rather than precise statements of priority order. The stakes are high: misreading priority language can invert the entire outcome of a lien enforcement analysis. The French-law noun prime (insurance premium) appears almost exclusively in maritime insurance contexts and in treatises citing Emerigon. It is functionally extinct in modern pleadings and opinions but will surface in historical admiralty research, particularly in cases applying French or civil law principles to marine insurance disputes. Do not confuse it with "premium" as used in modern insurance codes — the concepts are identical but the terminology signals a different jurisprudential tradition. The commercial-adjective usage (prime barley, prime cost) is important in contract disputes over delivery and quality. Courts have consistently held that prime in a mercantile contract means the top grade recognized by trade custom at the time and place of contracting, not an absolute or universal standard. Historical commodity cases may define prime differently across regions and decades; a Missouri case from 1851 will not necessarily govern what prime means in a Chicago grain contract from 1890. Corpus researchers should also be alert to the Bouvier's entry conflation: the edition consulted for this entry runs the prime entry directly into a definition of PRECEPT, suggesting printing or compilation error in some historical editions. Verify surrounding entries when citing Bouvier on this term.
Historical Dictionary Support
The historical dictionaries largely agree on the French-law noun meaning, with Black's (both editions) and Burrill citing the same authority — Emerigon's Traité des Assurances — and giving substantially identical definitions. Burrill adds the derivation note connecting prime to the Latin premium (reward) or primo (first), which is editorially useful but not substantively distinct. Black's 2nd edition is the only historical source that captures the verb usage ("to stand first or paramount; to take precedence or priority of; to outrank"), illustrating the sentence "taxes prime all other liens." This is the most practically important entry and the only one that addresses American common law practice rather than French civilian doctrine. The 1st edition of Black's omits it entirely. Bouvier's contributes the commercial-adjective meaning — prime barley, prime cost — which neither Black's edition nor Burrill addresses. Bouvier's treatment is brief and citation-light but accurate: prime in a mercantile contract is governed by merchant usage, and prime cost means the actual purchase price on a genuine transaction. No historical dictionary entry addresses the verb usage in the context of modern secured transactions law (Article 9 of the UCC, debtor-in-possession financing under the Bankruptcy Code). This is an area of significant modern development entirely absent from the historical shelf — researchers working in bankruptcy or commercial lending contexts must not treat the historical dictionaries as sufficient authority.
Jurisdictional Note
The verb usage of prime in lien priority contexts is broadly recognized across American jurisdictions, but its most formalized modern application appears in federal bankruptcy practice, where a debtor-in-possession may seek court authorization to grant superpriority liens that prime existing secured creditors. State lien priority law governs the baseline, but federal bankruptcy law can alter priority in ways that state sources will not reflect.
Encyclopedia Cross-Reference
See LIENS AND LIEN PRIORITY for the doctrinal framework within which "priming" operates as a priority concept. See INSURANCE (MARINE AND GENERAL) for the historical context of prime as the French-law term for insurance premium.
Related Terms
Priority — the broader concept of which priming is a specific expression Lien — the interest that may prime or be primed Premium — the modern English equivalent of prime in the insurance sense Prime cost — actual purchase price; related commercial usage Superpriority — the formal bankruptcy concept of a lien granted priority over existing secured claims Senior lien / Junior lien — relational priority concepts used alongside prime Emerigon — the treatise authority cited by all historical sources for the French insurance meaning
PRIMEmain
Black's Law Dictionary • 1891
Fr. In French law. The price of the risk assumed by an insurer; premium of insurance. Emerig. Traite des Assur. c. 3, § 1, nn. 1, 2.
PRIMEmain
Black's Law Dictionary (2nd Ed.) • 1910
Fr. In French law. The price of the risk assumed by an insurer; premium of insurance. Fmerig. Traite des Assur. ¢c. 8, § 1, nn 1, 2 PRIME, v. To stand first or paramount; to take precedence or priority of; to outrank; as, in the sentence “taxes prime all other liens.”
PRIMEmain
Bouvier's Law Dictionary • 1928
A right of the crown to name to the first prebend that becomes vacant after the accession of the sovereign, in every church of the kingdom. This right was exercised by the crown of England in the reign of Edward I. 2 Steph. Com. 670, n. PRECEPT (Lat, precipio, to com- mand). A writ directed to the sheriff, or other officer, commanding him to do some- thing.
PRIMEa.
Websters Unabridged Dictionary (1913) • 1913
First in order of time; original; primeval; primitive; primary. "Prime forests." Tennyson. She was not the prime cause, but I myself. Milton. First in rank, degree, dignity, authority, or importance; as, prime minister. "Prime virtues." Dryden. First in excellence; of highest quality; as, prime wheat; a prime quality of cloth. Early; blooming; being in the first stage. [Poetic] His starry helm, unbuckled, showed him prime In manhood where youth ended. Milton. Lecherous; lustful; lewd. [Obs.] Shak. Marked or distinguished by a mark (') called a prime mark. Prime and ultimate ratio. (Math.). See Ultimate. -- Prime conductor. (Elec.) See under Conductor. -- Prime factor (Arith.), a factor which is a prime number. -- Prime figure (Geom.), a figure which can not be divided into any other figure more simple than itself, as a triangle, a pyramid, etc. -- Prime meridian (Astron.), the meridian from which longitude is reckoned, as the meridian of Greenwich or Washington. -- Prime minister, the responsible head of a ministry or executive government; applied particularly to that of England. -- Prime mover. (Mech.) (a) A natural agency applied by man to the production of power. Especially: Muscular force; the weight and motion of fluids, as water and air; heat obtained by chemical combination, and applied to produce changes in the volume and pressure of steam, air, or other fluids; and electricity, obtained by chemical action, and applied to produce alternation of magnetic force. (b) An engine, or machine, the object of which is to receive and modify force and motion as supplied by some natural source, and apply them to drive other machines; as a water wheel, a water- pressure engine, a steam engine, a hot-air engine, etc. (c) Fig.: The original or the most effective force in any undertaking or work; as, Clarkson was the prime mover in English antislavery agitation. -- Prime number (Arith.), a number which is exactly divisible by no number except itself or unity, as 5, 7, 11. -- Prime vertical (Astron.), the vertical circle which passes through the east and west points of the horizon. -- Prime-vertical dial, a dial in which the shadow is projected on the plane of the prime vertical. -- Prime-vertical transit instrument, a transit instrument the telescope of which revolves in the plane of the prime vertical, -- used for observing the transit of stars over this circle.
PRIMEn.
Websters Unabridged Dictionary (1913) • 1913
The first part; the earliest stage; the beginning or opening, as of the day, the year, etc.; hence, the dawn; the spring. Chaucer. In the very prime of the world. Hooker. Hope waits upon the flowery prime. Waller. The spring of life; youth; hence, full health, strength, or beauty; perfection. "Cut off in their prime." Eustace. "The prime of youth." Dryden. That which is first in quantity; the most excellent portion; the best part. Give him always of the prime. Swift. The morning; specifically (R. C. Ch.), the first canonical hour, succeeding to lauds. Early and late it rung, at evening and at prime. Spenser. The first of the chief guards. Any number expressing the combining weight or equivalent of any particular element; -- so called because these numbers were respectively reduced to their lowest relative terms on the fixed standard of hydrogen as 1. [Obs. or Archaic] A prime number. See under Prime, a. An inch, as composed of twelve seconds in the duodecimal system; - - denoted by [']. See 2d Inch, n., 1. Prime of the moon, the new moon at its first appearance.
PRIMEv.
Websters Unabridged Dictionary (1913) • 1913
To apply priming to, as a musket or a cannon; to apply a primer to, as a metallic cartridge. To lay the first color, coating, or preparation upon (a surface), as in painting; as, to prime a canvas, a wall. To prepare; to make ready; to instruct beforehand; to post; to coach; as, to prime a witness; the boys are primed for mischief. [Colloq.] Thackeray. To trim or prune, as trees. [Obs. or Prov. Eng.] To mark with a prime mark. To prime a pump, to charge a pump with water, in order to put it in working condition.
primeverb
Wiktionary (English) • 2026
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To fill or prepare the chamber of a mechanism for its main work. | To apply a coat of primer paint to. | To be renewed. | To serve as priming for the charge of a gun. | To work so that foaming occurs from too violent ebullition, which causes water to become mixed with, and be carried along with, the steam that is formed. | To apply priming to (a musket or cannon); to apply a primer to (a metallic cartridge). | To prepare; to make ready. | To instruct beforehand, as for an examination; to coach. | To trim or prune. | To mark with a prime mark.
primeadj
Wiktionary (English) • 2026
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First in importance, degree, or rank. | First in time, order, or sequence. | First in excellence, quality, or value. | Having exactly two integral factors: itself and unity (1 in the case of integers). | Such that if it divides a product, it divides one of the multiplicands. | Having its complement closed under multiplication. | Such that the annihilator of any nonzero submodule is equal to the annihilator of the whole module. | Marked or distinguished by the prime symbol. | Early; blooming; being in the first stage. | Lecherous, lewd, lustful.
primenoun
Wiktionary (English) • 2026
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The first hour of daylight; the first canonical hour. | The religious service appointed to this hour. | The early morning generally. | The earliest stage of something. | The most active, thriving, or successful stage or period. | The chief or best individual or part. | Something which is first in importance or rank: a prime defense company, mortgage lender, etc. | The first note or tone of a musical scale. | The first defensive position, with the sword hand held at head height, and the tip of the sword at head height. | A prime element of a mathematical structure, particularly a prime number. | A four-card hand containing one card of each suit in the game of primero; the opposite of a flush in poker. | A series of consecutive blocks. A prime of six prevents the opponent's pieces from passing. | The symbol ′ used to indicate feet, minutes, derivation and other measures and mathematical operations. | Any number expressing the combining weight or equivalent of any particular element; so called because these numbers were respectively reduced to their lowest relative terms on the fixed standard of hydrogen as 1. | An inch, as composed of twelve seconds in the duodecimal system. | The priming in a flintlock. | Contraction of prime lens, a film lens. | A feather, from the wing of the cock ostrich, that is of the palest possible shade. | A stimulus which causes priming.

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