Written by attorneys · grounded in primary & secondary sources — see below
A referential term denoting matters, provisions, or items previously stated or listed in a legal document or discussion.
Sources & Authorities· 24 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Congressional Power Reference
Congress enacts a statute imposing uniform excise taxes on imported goods to fund national defense projects. A later clause in the same statute refers back to the foregoing powers when authorizing collection procedures. The reference ensures the new procedures apply only within the scope of the listed powers.
Firm-Wide Imputation Trigger
Associate Vernon enters an undisclosed equity deal with client Javier while the firm represents Javier in litigation. Partner Connie later learns of the deal and must determine whether the prohibition that applies to Vernon extends throughout the firm. The reference to prior paragraphs requires the entire firm to treat the violation as its own.
A junior mortgagee appoints a receiver who collects rents from the mortgaged property. The receiver first pays taxes and repair costs before applying any balance to the junior debt. The reference to prior expenditures limits the amount available for the junior obligation.
Share Exchange Consideration
Harbor Cars proposes to acquire all shares of Gate Auto in exchange for its own stock plus warrants and cash. The plan lists the forms of consideration and includes a catch-all reference to any combination of the listed items. The reference confirms that mixed consideration satisfies the statutory requirement.
Acquired Entity Share Terms
Gate Auto agrees that all its shares may be acquired by Harbor Cars in exchange for stock, warrants, and cash. The plan recites the permitted forms of consideration and uses a reference to any combination of those forms. The reference validates the mixed consideration package under the statute.
Nonmarital Child Class Gift
Jenna's will creates a trust distributing company units to her children who hold commercial driver's licenses. Ulysses, her genetic son born outside marriage, claims inclusion. The reference to any of the listed parental functions determines whether Ulysses qualifies under the default rule.
Common questions
Frequently Asked
1
How does the word 'foregoing' function in model rules and restatements?+
It refers back to previously enumerated paragraphs, expenditures, or forms of consideration so that later provisions incorporate those earlier items without restating them.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…before the Court. Yick Wo v. Hopkins , 118 U. S. 356 (1886); Street v. New York , 394 U. S. 576 (1969). For all of the foregoing reasons, I respectfully dissent. Footnotes [^maj-1]: "Article 1191. Abortion "If any person shall designedly administer to a pregnant woman or knowingly procure to be administered…