Waive - Law Dictionary Search Results
Home Dictionary Name: waivewaive
waive waived waiv·ing [Anglo-French waiver weiver, literally to abandon, forsake, from waif weif forlorn, stray, probably from Old Norse veif something loose or flapping] 1 : to relinquish (as a right or privilege) voluntarily and intentionally [the defendant waived a felony hearing on the charge "National Law Journal"] compare forfeit, reserve 2 : to refrain from enforcing or requiring [some statutes the age requirement "W. M. McGovern, Jr. et al."] waiv·able adj ...
jury-waived
jury-waived : of, relating to, or being a trial in which the right to a jury trial has been waived ...
Waive
Waive, to forego, decline to take advantage of. 'A woman which is outlawed is called waived', Co. Litt. 122 b.1. To abandon, renounce or surrender (a claim, privilege, right etc.): to give up (a right, claim) 2. To refrain from instituting on (a strict rate formality, etc.); to forego, Black's Law Dictionary, 7th Edn...
Waiver
Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115]Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent, and the fact that the other party has acted on it is s...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Nullity and irregularity
Nullity and irregularity, as to 'irregularity' it has been stated that it is 'want of adherence to some prescribed rule or mode of proceeding'; whereas 'nullity' is 'a void act or an act having no legal force or validity'. The safest rule of distinction between an 'irregularity' and a 'nullity' is to see whether 'a party can waive the objection: if he can waive, it amounts to irregularity and if he cannot, it is a nullity', Krishan Lal v. State of J&K, (1994) 4 SCC 422 (432)....
Waif or Waift, Weif or Weft
Waif or Waift, Weif or Weft (waiviatum, Low Lat.] (1) Goods found but claimed by nobody; that of which every one waives the claim. (2) Goods stolen and waived (bona) or thrown away by the thief in his fight (bona waviata), for fear of being apprehended. These are given to the sovereign by the law, as a punishment upon the owner for not himself pursuing the felon and taking away his goods from him, Cro. Eliz. 694; 1 Bl. Com. 297....
advisory jury
advisory jury : a jury impaneled at the discretion of a trial judge to assist the judge in deciding a case NOTE: Advisory juries are allowed in cases in which there is no right to a jury or in which the right to a jury has been waived. The judge may follow or disregard the advisory jury's verdict. ...
guilty plea
guilty plea a criminal defendant's admission to the court that he or she committed the offense he or she is charged with and his or her agreement to waive the right to trial. If the court accepts the plea, the case proceeds to sentencing. Source: Federal Judicial Center ...
jury trial
jury trial : a trial in which a jury serves as the trier of fact called also trial by jury see also Article III Article VI and VII Amendments VI and VII to the Constitution in the back matter compare bench trial NOTE: The right to a jury trial is established in the U.S. Constitution, but it is not an absolute right. The Supreme Court has stated that petty crimes (as those carrying a sentence of up to 6 months) do not require trial by jury. The right to a jury trial in a criminal case may be waived by the “express and intelligent consent” of the defendant, usually in writing, as well as, in federal cases, the approval of the court and consent of the prosecutor. There is no right to a jury trial in equity cases. When a civil case involves both legal and equitable issues or procedure, either party may demand a jury trial (and failure to do so is taken as a waiver), but the judge may find that there is no right to jury trial because of equitable issues or claims. ...
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