Consent in United States
Consent Definition
(Lat. con, with, together, sentire, to feel). A concurrence of wills. Express consent is that directly given, either viva voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given. Consent supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Fonbl. Eq. bk. 1, c. 2, §1. See “Agree, ment”; “Contract.”
Consent in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Consent | Consent in the World Legal Encyclopedia. |
| Consent | Consent in the European Legal Encyclopedia. |
| Consent | Consent in the Asian Legal Encyclopedia. |
| Consent | Consent in the UK Legal Encyclopedia. |
| Consent | Consent in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Consent
Scan Consent in the appropriate area of law:
| Link | Description |
|---|---|
| Consent | Consent in the Family Law Portal of the American Encyclopedia of Law. |
| Consent | Consent in the IP Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Commercial Law Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Criminal Law Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Antritrust Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Tax Law Portal of the American Encyclopedia of Law. |
| Consent | Consent in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Consent | Consent in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Consent in the Dictionaries | Consent in our legal dictionaries |
| http://lawi.us/consent | The URI of Consent (more about URIs) |
| Consent related entries | Find related entries of Consent |
Legal Issue for Attorneys
(Lat. con, with, together, sentire, to feel). A concurrence of wills. Express consent is that directly given, either viva voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given. Consent supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Fonbl. Eq. bk. 1, c. 2, §1. See “Agree, ment”; “Contract.”
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Notice
This definition of Consent Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Concept of Consent in relation to Safe Place
Definition of Consent in this context: Positive, unambiguous, and voluntary declaration of willingness to participate. Consent can be withdrawn at any time. Consent cannot be obtained when an individual is incapacitated or by way of t hreat, coercion, or force.
Consent (Establishment)
This section introduces, discusses and describes the basics of consent. Then, cross references and a brief overview about Establishment is provided. Finally, the subject of Agency Relationships in relation with consent is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Consent (Terminations)
This section introduces, discusses and describes the basics of consent. Then, cross references and a brief overview about Terminations is provided. Finally, the subject of Agency Relationships in relation with consent is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
Further Reading (Articles)
Consent and End-Stage Kidney Disease: Improving the Consent Processes in Dialysis, Renal Society of Australasia Journal; November 1, 2012; Pierce, Dianne C. Manley, Allyson
Consent, Moral, New Catholic Encyclopedia; January 1, 2003; DOOLAN, A.
Consent: a legal process.(legal), Australian Nursing Journal; December 1, 2011; Starr, Linda
Consent-Basic Concepts for Clinical Nursing Practice, Australian Nursing & Midwifery Journal; March 1, 2014; Teng, Jayr
Consent – the Silver Bullet?, Mondaq Business Briefing; February 25, 2013
Informed consent: what is it? Who can give it? How do we improve it?, Respiratory Care; October 1, 2008; Neff, Margaret J.
Consent Form Specialists Assist Investigators and Board Members, IRB Advisor; June 1, 2013
Informed Consent: II. Meaning and Elements, Encyclopedia of Bioethics; January 1, 2004
Consent Searches: Guidelines for Officers, The FBI Law Enforcement Bulletin; August 1, 1996; Crawford, Kimberly A.
Preoperative consent: how to make sure your practice is legal – part one, The Journal of Perioperative Practice; August 1, 2008; Corfield, Lorraine Pomeroy, Anne
Kaleidoscopic Consent Decrees: School Desegregation and Prison Reform Consent Decrees after the Prison Litigation Reform Act and Freeman-Dowell, Brigham Young University Law Review; January 1, 2003; Baradaran-Robison, Shima
Consent Decrees: Effect on Consumers, Companies, and Investors, Pharmaceutical Technology; March 1, 2004; Chrai, Suggy S Burd, Michele
Waived Consent for Emergency Research, American Journal of Law & Medicine; January 1, 1998; Fost, Norman
Revitalizing Consent, Harvard Journal of Law & Public Policy; June 22, 2000; Somin, Ilya
Informed Consent, The Gale Encyclopedia of Senior Health: A Guide for Seniors and Their Caregivers; January 1, 2009
Informed consent for adolescents.(LAW & MEDICINE)(Interview), Internal Medicine News; February 15, 2012; Tan, S.Y.
Active Opt-In Consent Required: CRTC Releases Anti-Spam Law Compliance Guidelines, Mondaq Business Briefing; November 5, 2012
Consent Builder Relies on Plain Language Templates, IRB Advisor; April 1, 2013
Informed consent nightmares u Is it a dream that you won’t have one?, Same-Day Surgery; July 1, 2010
Consent Searches: Factors Courts Consider in Determining Voluntariness. (Legal Digest), The FBI Law Enforcement Bulletin; May 1, 2002; Holcomb, Jayme Walker
Consent in State Statute Topics
Introduction to Consent (State statute topic)
The purpose of Consent is to provide a broad appreciation of the Consent legal topic. Select from the list of U.S. legal topics for information (other than Consent).
Concept of Consent in relation to Safe Place
Definition of Consent in this co
ntext: Positive, unambiguous, and voluntary declaration of willingness to participate. Consent can be withdrawn at any time. Consent cannot be obtained when an individual is incapacitated or by way of t hreat, coercion, or force.
Resources
Further Reading
- Information about Consent in the Gale Encyclopedia of American Law.
Consent, Sexual Behaviour and the Law
Further Reading
Consent meaning
The free choice of a person posessing their mental faculties to undertake an act.
Consent can be express or implied. It is express when manifested with words whether written or oral and implied when not expressed by words but by actions.
Fraudulent consent is no consent and so to is the consent of those who are legally not in posession of their faculties due to youth, age, or mental infirmity.
Consent is an affirmative defense against an accusation of tortious conduct.
Einwilligung
Erforderliche Zustimmung zu einem von einer anderen Person vorzunehmenden Rechtsgeschäft,wenn diese vor dessen Abschluß erteilt wird
(ablers Lex des Wirtschaftsrechts,1972)
EuroDicAutom
Consentement
Le consentement peut se définir comme la volonté d’engager sa personne ou ses biens, ou les deux à la fois . Cette approbation peut conditionner la validité de l’engagement d’une autre , comme c’est le cas du mariage des mineurs . Cette adhésion est dite “expresse” , lorsque la volonté de celui qui s’engage se manifeste d’une manière apparente , par exemple par la signature d’un écrit ou par une déclaration faite en public , et elle est dite ” tacite” quand l’ accord de la personne résulte d’une attitude non équivoque de laquelle on peu le déduire comme la prise de livraison d’une chose achetée.
Sa preuve est quelquefois soumises à des conditions de formes destinées à constituer une preuve irréfutable de l’engagement , par exemple lorsque la validité d’un acte est subordonnée à sa réception par un notaire tel qu’un legs , ou par le Maire de la Commune lorsqu’il est appelé à constater l’accord des futurs époux à leur mariage . Pour esxprimer cette notion, les textes juridiques utilisent des expressions équivalentes telles que , “Acceptation”, “Acquiescement” , ” Agrément”,ou “Ratification” qui cependant ,s’ils ont un sens approchant n’est cependant pas toujours identique à la signification du mot “consentement “.
Textes
Code civil art. 230 et s.,246, 345 et s,390, 1109, 1146 et s., 1690, 1257, 1261, 1690, 1985 .
autorizzazione / assenso
consenso dato da un terzo ad un accordo intervenuto fra due o più altre parti
(Dott Coppola,Cons Min Lavoro e Previdenza Sociale,Roma)
EuroDicAutom
Consent in the Context of Courts General Jurisdiction
General Jurisdiction Based on Consent or Waiver in International Civil Litigation
Analysis of the General Jurisdiction Based on Consent or Waiver in relation to the Jurisdiction of U.S. Courts over Parties to International Disputes.
Concept of Consent in relation to Safe Place
Definition of Consent in this context: Positive, unambiguous, and voluntary declaration of willingness to participate. Consent can be withdrawn at any time. Consent cannot be obtained when an individual is incapacitated or by way of t hreat, coercion, or force.
Resources
See Also
- Choice of Forum Provision
- Choice of Forum Clause Definition
- Choice of Forum Clause Sample
- Forum Selection
- Choice of Law
Consent in Labor Law
According to unr.edu, Consent is defined as:An affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
• The existence of a dating relationship or past sexual relations between the participants does not constitute consent to any other sexual act.
• The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
• Affirmative consent must be ongoing throughout the sexual activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.
• Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary); inability to communicate due to a mental or physical condition; the lack of consciousness or being asleep; being involuntarily restrained; if any of the parties are under the age of 16; or if an individual otherwise cannot consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Consent in Labor Law
According to unr.edu, Consent is defined as:An affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
? The existence of a dating relationship or past sexual relations between the participants does not constitute consent to any other sexual act.
? The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
? Affirmative consent must be ongoing throughout the sexual activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.
? Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary); inability to communicate due to a mental or physical condition; the lack of consciousness or being asleep; being involuntarily restrained; if any of the parties are under the age of 16; or if an individual otherwise cannot consent.
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
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