Whereas in United States

Whereas Definition

This word implies a recital, and, in general, cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially traversed, must be averred in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially traversed, may be alleged in the declaration by way of recital, under a whereas. Gould, PI. c. 43, § 42; Id. c. 3, § 47; Bac. Abr. “Pleas, etc.” (B 5, 4) ; 2 Chit. PI. 151, 178, 191.

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Legal Issue for Attorneys

This word implies a recital, and, in general, cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially traversed, must be averred in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially traversed, may be alleged in the declaration by way of recital, under a whereas. Gould, PI. c. 43, § 42; Id. c. 3, § 47; Bac. Abr. “Pleas, etc.” (B 5, 4) ; 2 Chit. PI. 151, 178, 191.

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This definition of Whereas Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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See Also

Further Reading (Articles)

Editorial — Whereas, Fluoridation Resolution Confusing, Yakima Herald-Republic; June 18, 1999

Whereas, from 1876 to 1878, several alleged members of the Molly… [Derived headline], The News-Item (Shamokin, PA); May 22, 2006

Whereas we honor a regular nice guy — He’s making Memphis a better place, one doughnut at a time, The Commercial Appeal (Memphis, TN); June 10, 2009; Geoff Calkins

Whereas the Moon Is Green Cheese. (Devil in the Details), The American Prospect; October 21, 2002

whereas, Webster’s NewWorld Dictionary; January 1, 1988

Early Undernutrition Leads to Long-Lasting Reductions in Body Weight and Adiposity Whereas Increased Intake Increases Cardiac Fibrosis in Male Rats1,2, The Journal of Nutrition; September 1, 2008; Velkoska, Elena Cole, Timothy J Dean, Rachael G Burrell, Louise M Morris, Margaret J

Sharapova’s early success takes scrutiny off her play Focus is on her lifestyle whereas Murray is laden with expectation, The Herald; January 19, 2006; ROB ROBERTSON AT MELBOURNE PARK

Whereas spondylolisthesis patients may benefit from surgery.(Evidence-Based Medicine), Clinical Advisor; November 1, 2007; Alper, Brian S.

Whereas Congress Cannot Set Aside Politics…, The Washington Post; September 12, 2006; Jonathan Weisman and Charles Babington

True to form // Whereas arcane verbiage is promulgated, attorneys sayeth not, Chicago Sun-Times; September 20, 1987; Margaret Maples

DNA test picks up bladder ca better: urine test detected 96% of high-grade urothelial tumors, whereas cytology detected only 71%.(AUA Annual Meeting, Atlanta), Renal & Urology News; September 1, 2006; Schieszer, John

Men don’t separate mental and sexual arousal, whereas women do, Hindustan Times (New Delhi, India); June 1, 2011

Consumer’s Minimal Monthly Food Supply Runs 25,000 Drams whereas Average Salaries are 18,500 Drams, The Armenian Reporter; March 18, 2000

AN OLD WORLD SOCIAL CLUB IN WATERTOWN WHEREAS NO NAME SERVES MANY FISH PIER AND SEAPORT AREA WORKERS, AEGEAN SERVES THEIR MOTHERS., The Boston Globe (Boston, MA); September 27, 2001; Sheryl Julian, GLOBE STAFF

LEGAL – NOTICE OF SUBSTITUTE TRUSTEE’S SALE, WHEREAS, DEFAULT HAVING BEEN MADE IN THE PAYMENT, The Roanoke Times (Roanoke, VA); July 11, 2009

whereas gubernatorial proclamations are puffery…(Local), The Virginian-Pilot (Norfolk, VA); April 8, 2010

WHEREAS Jeremy Paxman is unquestionably […].(Features), Daily Mail (London); December 4, 2009

Whereas the Sub-Office Juan Fernandez Has New Facilities, for Which We Need to Fence the Perimeter Where Actualemnte Is Located, Mena Report; November 11, 2013

Whereas Watch Your Step, Latinos, The Hispanic Outlook in Higher Education; June 7, 2010; Conde, Carlos D

Whereas the Earth Is Round’, The Washington Post; May 15, 1989; William Booth