Waiver in United States
Waiver Definition
The voluntary surrender and relinquishment of a right. 29 Minn. 191. The intentional relinquishment of a known right. 153 111. 468. It is a somewhat narrower term than abandonment (q. v.) and is applied to rights, not to property. To constitute a waiver proper, there must ordinarily be a valuable consideration (75 N. Y. 453), a full knowledge of the right to be waived (48 N. Y. 399), and an actual intent to waive (15 Gray [Mass.] 229) ; but where there are circumstances of estoppel, i. e., where a party has misled another to his prejudice as to intent to insist on a right, it amounts to a. waiver, irrespective of Intent (7 Lea [Tenn.] 467), or consideration (30 N. Y. 164) ; and there are certain acts to which the law imputes the character of a waiver, irrespective of intent, as the right to a dilatory plea is waived by pleading to the merits (29 Conn. 82). Unless affected by the statute of frauds (9 Wend. [N. Y.] 79), no special formalities are required, and even a writing under seal may be waived by parol (101 U. S. 527).
Waiver in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Waiver | Waiver in the World Legal Encyclopedia. |
| Waiver | Waiver in the European Legal Encyclopedia. |
| Waiver | Waiver in the Asian Legal Encyclopedia. |
| Waiver | Waiver in the UK Legal Encyclopedia. |
| Waiver | Waiver in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Waiver
Scan Waiver in the appropriate area of law:
| Link | Description |
|---|---|
| Waiver | Waiver in the Family Law Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the IP Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Commercial Law Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Criminal Law Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Antritrust Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Tax Law Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Waiver | Waiver in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
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| Waiver in the Dictionaries | Waiver in our legal dictionaries |
| http://lawi.us/waiver | The URI of Waiver (more about URIs) |
| Waiver related entries | Find related entries of Waiver |
Legal Issue for Attorneys
The voluntary surrender and relinquishment of a right. 29 Minn. 191. The intentional relinquishment of a known right. 153 111. 468. It is a somewhat narrower term than abandonment (q. v.) and is applied to rights, not to property. To constitute a waiver proper, there must ordinarily be a valuable consideration (75 N. Y. 453), a full knowledge of the right to be waived (48 N. Y. 399), and an actual intent to waive (15 Gray [Mass.] 229) ; but where there are circumstances of estoppel, i. e., where a party has misled another to his prejudice as to intent to insist on a right, it amounts to a. waiver, irrespective of Intent (7 Lea [Tenn.] 467), or consideration (30 N. Y. 164) ; and there are certain acts to which the law imputes the character of a waiver, irrespective of intent, as the right to a dilatory plea is waived by pleading to the merits (29 Conn. 82). Unless affected by the statute of frauds (9 Wend. [N. Y.] 79), no special formalities are required, and even a writing under seal may be waived by parol (101 U. S. 527).
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Notice
This definition of Waiver Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
The surrender, either expressed or implied, of a right to which one is entitled by law. Thus a stockholder might sign a waiver of notice of meeting or might impliedly waive that notice by participation in the meeting. The essence of the waiver is conduct that indicates an intention not to enforce certain rights or certain provisions of an agreement. A widow may waive her right to share in the estate of her husband; a buyer may waive delivery on a certain date by accepting the goods at a subsequent date. For waiver of citation in a probate proceedings, see probate (in U.S. law).
What is Waiver?
For a meaning of it, read Waiver in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Waiver.
Waiver (Civil procedure) Resources
See Also
Custodial Interrogation.
Further Reading (Articles)
Runaway Jury Waivers., Mondaq Business Briefing; May 27, 2004
Asserting failure to state a claim after default judgment under both the Federal and Tennessee Rules of Civil Procedure, The University of Memphis Law Review; October 1, 1999; Hardin, John R
Waiver of Constitutional Rights, Encyclopedia of the American Constitution; January 1, 2000
California Supreme Court Invalidates Pre-Dispute Jury Waivers., Mondaq Business Briefing; August 12, 2005
Do Jury Waiver Clauses Hold Up in Court?, The RMA Journal; April 1, 2008; Wiessman, Michael L.
Supreme Court Decision Upholding Class Action Waivers Is Good for Employers, Mondaq Business Briefing; July 8, 2013
Sen. Brown Urges Sec Chair to Stop Granting Waivers from Securities Law to Banks with Civil or Criminal Settlements or Enforcement Actions, States News Service; June 13, 2014
Antitrust Confidentiality Waiver Updated by US Federal Trade Commission and Department of Justice, Mondaq Business Briefing; October 2, 2013; Perlman, Scott
In American Express, Supreme Court Confirms the Enforceability of Class Action Arbitration Waivers, Mondaq Business Briefing; July 2, 2013
California Supreme Court Rejects Predispute Jury Trial Waivers., Mondaq Business Briefing; September 28, 2005
U.S. District Court, Md. Case Summaries: December 14, 2009, The Daily Record (Baltimore); December 14, 2009
Maryland Legal Briefs: December 14, 2009, The Daily Record (Baltimore); December 14, 2009
Law Digest, The Daily Record (Baltimore); March 17, 2008
Post-removal litigation and the waiver of the right to seek a remand grounded on removal defects., Florida Bar Journal; February 1, 2000; Cesarano, Gregory M. Vega, Daniel R.
Swiss Code of Civil Procedure: First Developm
ents and Trends, Mondaq Business Briefing; August 28, 2013; Bernet, Martin
A guide to the 1997 amendments to the Florida Rules of Civil Procedure., Florida Bar Journal; October 1, 1997; Fierro, Eugene J.
Court amends rules of criminal procedure., Florida Bar News; December 1, 2000
Supreme Court amends Rules of Civil Procedure., Florida Bar News; November 15, 2003
The Dubious Origins and Dangers of Clawback and Quick-Peek Agreements: An Argument against Their Codification in the Federal Rules of Civil Procedure, William and Mary Law Review; November 1, 2005; Daniel, Laura Catherine
Pennsylvania Announces E-Discovery Amendments to Rules of Civil Procedure, Mondaq Business Briefing; June 18, 2012
Waiver 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.
Prorogation Agreements or Nonexclusive Forum Selection Agreements
Read more information about Prorogation Agreements or Nonexclusive Forum Selection Agreements in this American Encyclopedia of Law.
Implied Submissions to Jurisdiction
Read more information about Implied Submissions to Jurisdiction in this American Encyclopedia of Law.
Waiver in the Criminal Justice System
This section covers the topics below related with Waiver:
Transfer
Juvenile Justice in relation with Waiver
Juvenile Courts
Waiver
Transfer
Waiver (Form)
This section introduces, discusses and describes the basics of waiver. Then, cross references and a brief overview about Form is provided. Finally, the subject of Sales in relation with waiver is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Waiver (Formation)
This section introduces, discusses and describes the basics of waiver. Then, cross references and a brief overview about Formation is provided. Finally, the subject of Sales in relation with waiver is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Waiver (Liquidations)
This section introduces, discusses and describes the basics of waiver. Then, cross references and a brief overview about Liquidations is provided. Finally, the subject of Discharges in relation with waiver is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Waiver (Objections)
This section introduces, discusses and describes the basics of waiver. Then, cross references and a brief overview about Objections is provided. Finally, the subject of Pleadings in relation with waiver is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Waiver (Objections)
This section introduces, discusses and describes the basics of waiver. Then, cross references and a brief overview about Objections is provided. Finally, the subject of Practice in relation with waiver is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Waiver (Readjustment)
This section introduces, discusses and describes the basics of waiver. Then, cross references and a brief overview about Readjustment is provided. Finally, the subject of Sales in relation with waiver is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Waiver (Sovereign Immunity)
This section introduces, discusses and describes the basics of waiver. Then, cross references and a brief overview about Sovereign Immunity is provided. Finally, the subject of Federal, State Interrelationships in relation with waiver is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
- Transfer
- Juvenile Justice
- Juvenile Courts
- Waiver
- Transfer
Waiver in the context of Juvenile and Family Law
Definition ofWaiver, published by the National Council of Juvenile and Family Court Judges: 1) The understanding, and voluntary relinquishment of a known right, such as the right to counsel or the right to remain silent during police questioning. 2) The juvenile court’s relinquishment of its jurisdiction over a minor, and transfer of the case to adult court for trial. See also CERTIFICATION, FITNESS HEARING, REMAND and TRANSFER.
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