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A waiver is the voluntary relinquishment or surrender of some known right or privilege. While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted. Jump to: navigation, search A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ...
A privilege—etymologically private law or law relating to a specific individual—is an honour, or permissive activity granted by another person or a government. ...
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Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, it is presumed one knows his or her rights and that those rights are voluntarily relinquished if they are not asserted at the time. Jump to: navigation, search In the common law, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ...
In civil procedure, certain arguments must be raised in the first objection that a party submits to the court, or else they will be deemed waived. Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules explain how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings...
A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...
Examples
Personal Jurisdiction In the case of Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) the United States Supreme Court decided that when a court orders a party to produce proof on a certain point, and that party refuses to comply with the court's order, the court may deem that refusal to be a waiver of the right to contest that point, and assume that the proof would show whatever the opposing party claims that it would. In the case itself, the defendant had argued that the court lacked personal jurisdiction over it, but refused a court order to produce evidence of this lack of jurisdiction. The defendant argued the circular logic that, because the court lacked jurisdiction, the court had no authority to issue an order to show proof of the lack of jurisdiction. The Supreme Court rejected that argument, and determined that the defendant's refusal to comply waived the right to contest jurisdiction, just as if it had never contested jurisdiction at all. Jump to: navigation, search 1982 is a common year starting on Friday of the Gregorian calendar. ...
The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...
A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ...
Begging the question, in modern popular usage, is often used synonymously for raising the question. However the original meaning is quite different: it described a type of logical fallacy (also called petitio principii) in which the evidence given for a proposition as much needs to be proved as the proposition...
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