PREDOMINANT-PURPOSE TEST

predominant-purpose test. An assessment of whether Article 2 of the UCC applies to an exchange, conducted by considering whether the exchange’s chief aspect, viewed in light of all the circumstances, is the sale of goods. • If goods account for most of the exchange’s value, it is probably a sale; if services account for most…

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PREDISPOSITION

predisposition. A person’s inclination to engage in a particular activity; esp., an inclination that vitiates a criminal defendant’s claim of entrapment. [Cases: Criminal Law 37(4); C.J.S. Criminal Law § 62.] [Blacks Law 8th]

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PREDICTIVE THEORY OF LAW

predictive theory of law. The view that the law is nothing more than a set of predictions about what the courts will decide in given circumstances. • This theory is embodied in Holmes’s famous pronouncement, “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the…

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PREDICATE ACT

predicate act. 1. See predicate offense under OFFENSE(1).2. See lesser included offense under OFFENSE(1).3. Under RICO, one of two or more related acts of racketeering necessary to establish a pattern. See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT . [Cases: Racketeer Influenced and Corrupt Organizations 5, 103.] [Blacks Law 8th]

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