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Home » Law Dictionary » D » DECLARATION

DECLARATION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

A written and signed statement made under oath, which includes the date and place where made. May also include a statement that asserts that the facts and representations are true and correct to the best of my knowledge. In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause of action. It commonly comprises several sections or divisions, called “counts,” and its formal parts follow each other in this order: Title, venue, commencement, cause of action, counts, conclusion. The declaration, at common law, answers to the “libel” in ecclesiastical and admiralty law, the “bill” in equity, the “petition” in civil law, the “complaint” In code pleading, and the “countv in real actions.
In evidence. An unsworn statement or narration of facts made by a party to the transaction, or by one who has an interest in the existence of the facts recounted. Or a similar statement made by a person since deceased, which is admissible in evidence in some cases, contrary to the general rule, e.g.t a “dying declaration.”
In practice. The declaration or declaratory part of a judgment, decree, or order is that part which gives the decision or opinion of the court on the question of law In the case. Thus, In an action raising a question as to the construction of a will, the judgment or order declares that, according to the true construction of the will, the plaintiff has become entitled to the residue of the testator’s estate, or the like. Sweet
In Scotch practice. The statement of a criminal or prisoner, taken before a magistrate. 2 Alis. Crim. Pr. 555. Declaration of Independence. A formal declaration or announcement, promulgated July 4, 1776; by the congress of the United States of America, in the name and behalf of the people of the colonies, asserting and proclaiming their Independence of the British crown, vindicating their pretensions to political autonomy, and announcing themselves to the world as a free and independent nation. Declaration of intention. A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the effect that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof at the time he may be a citizen or subject. Rev. St.

Related Posts:

  • COUNT
  • STATEMENT
  • PLEADING
  • ANSWER
  • NEW OR NOVEL ASSIGNMENT
  • AGREED

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