prejudikative

Prejudikative is a term that describes a preliminary or anticipatory judgment or decision made before all the facts or evidence are fully known or considered. It often implies a judgment formed on insufficient grounds, potentially leading to bias. The term is derived from the Latin words "pre" meaning before and "judicare" meaning to judge.

In legal contexts, a prejudikative decision can refer to an interim order or ruling made by a court to preserve the status quo or prevent irreparable harm while a case is ongoing. This is done to ensure that the final judgment, when it is made, is not rendered moot. For example, a court might issue a prejudikative injunction to prevent a company from destroying evidence before a trial.

Beyond legal proceedings, the concept of prejudikative thinking can be applied to everyday situations. It suggests a tendency to form opinions or make choices based on assumptions or incomplete information, rather than thorough investigation. This can be a cognitive shortcut, but it carries the risk of error and unfairness. Recognizing prejudikative tendencies in oneself and others is an important step towards more objective and informed decision-making. It encourages a pause for reflection and a commitment to gathering more complete information before reaching a conclusion.