HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
declination
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A quick definition of declination:
Declination: When someone doesn't do what they are supposed to do, it's called a declination. It can also mean when someone says no to a gift or a job. Sometimes, when someone is supposed to take care of something for someone else, they might fill out a paper saying they don't want to do it. In some cases, if a judge has a personal interest in a case, they might not be able to hear it and that's called a declination too.
A more thorough explanation:
Definition: Declination refers to a deviation from the proper course, an act of refusal, or a document filed by a fiduciary who chooses not to serve. It can also refer to a plea to the court's jurisdiction by reason of the judge's personal interest in the lawsuit.
- When a soldier disobeys orders, they are guilty of declination of duty.
- If someone offers you a gift and you say no, that is an example of declination of a gift.
- When a trustee decides not to serve, they file a document called a declination.
- In some cases, a judge may have a personal interest in a lawsuit, and a declination can be filed to request a different judge.
These examples illustrate how declination can refer to different types of deviations or refusals. It can be a failure to fulfill a duty, a rejection of a gift or offer, or a decision not to serve as a fiduciary. In the legal context, it can also refer to a plea to avoid a conflict of interest.