
Month: July 2020
Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, but it is not sworn.
Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits, which, however, are made on oath.
Depending on jurisdiction, statutory declarations can be used for:
- Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable.
- Declaring the intention to change one’s name.
- Affirming the provenance and nature of goods for export or import.
- Statements of originality for patent applications.
usurp (v.)
Presumption
Presumption n. a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Each presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights. A presumption is rebuttable in that it can be refuted by factual evidence. One can present facts to persuade the judge that the presumption is not true.
barratry (n.)
early 15c., “sale of ecclesiastical or state offices,” from Old French baraterie “deceit, guile, trickery,” from barat “malpractice, fraud, deceit, trickery,” which is of unknown origin, perhaps from Celtic. In marine law, “wrongful conduct by a ship’s crew or officer, resulting in loss to owners,” from 1620s.
Meaning “offense of habitually starting legal suits” is from 1640s. The sense has been somewhat confused with that of Middle English baratri “combat, fighting” (c. 1400), from Old Norse baratta “fight, contest strife.” This was an active word in Middle English, with forms such as baraten “to disturb the peace” (mid-15c.); baratour “inciter to riot, bully” (late 14c., mid-13c. as a surname).
Barataria Bay, Louisiana, U.S., is from Spanish baratear “to cheat, deceive,” cognate of the French word; the bay so called in reference to the difficulty of its entry passages.
personage (n.)
mid-15c., “body of a person” (with regard to appearance), also “notable person, a man or woman of high rank or distinction,” from Old French personage “size, stature,” also “a dignitary” (13c.), from Medieval Latin personaticum (11c.), from Latin persona (see person). As a longer way to say person, the word was in use from 1550s (but often slyly ironical, with suggestion that the subject is overly self-important).
American Communications Association vs. Douds
“It is not the function of our Government to keep the citizen from falling into error, it is the function of the citizen to keep the Government from falling into error.” American Communications Association vs. Douds, 339 U.S. 382, 442, (1950).
sentient (adj.)
1630s, “capable of feeling,” from Latin sentientem (nominative sentiens) “feeling,” present participle of sentire “to feel” (see sense (n.)). Meaning “conscious” (of something) is from 1815.
incorporate (v.)
late 14c., “to put (something) into the body or substance of (something else), blend; absorb, eat,” also “solidify, harden,” often in medical writing, from Late Latin incorporatus, past participle of incorporare “unite into one body, embody, include,” from Latin in- “into, in, on, upon” (from PIE root *en “in”) + verb from corpus (genitive corporis) “body” (from PIE root *kwrep- “body, form, appearance”).
Meaning “to legally form a body politic with perpetual succession and power to act as one person, establish as a legal corporation” is from mid-15c. (A verb corporate was used in this sense from early 15c.) Intransitive sense of “unite with another body so as to become part of it” is from 1590s. Related: Incorporated; incorporating.
trouble (n.)
c. 1200, “agitation of the mind, emotional turmoil,” from Old French truble, torble “trouble, disturbance” (12c.), from trubler/torbler (see trouble (v.)). From early 15c. as “a concern, a cause for worry;” 1590s as “something that causes trouble.” Meaning “unpleasant relations with the authorities” is from 1550s. Related: Troubles (1510s). Trouble and strife as rhyming slang for “wife” is recorded from 1908.