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Simple English definitions for legal terms

protestation

Read a random definition: legal papers

A quick definition of protestation:

Protestation is a way of saying that something is not true without directly denying it. It is used in legal cases when a party wants to challenge a fact in the future but cannot do so directly in the current case. Instead, they make a statement that suggests the fact is untrue. In Scotland, protestation can also be used by a defendant to force a plaintiff to take action in a civil case.

A more thorough explanation:

Definition: Protestation is a legal term used in common-law pleading and Scots law. In common-law pleading, it refers to a declaration made by a party that indirectly denies or affirms a fact without directly stating it. In Scots law, it refers to a defendant's action to compel a plaintiff to proceed with a case or let it fall if they have failed to take the necessary procedural steps.

Common-law pleading: A defendant in a lawsuit may use protestation to contest a fact without directly denying it. For example, if the plaintiff claims that the defendant owes them money, the defendant may protest by saying "I do not owe the plaintiff any money, but if I did, it would be because they breached our contract."

Scots law: If a plaintiff fails to take the necessary steps to proceed with a case, the defendant may file a protestation to compel them to do so or let the case fall. For example, if a plaintiff fails to appear in court or submit required documents, the defendant may file a protestation to force them to take action or dismiss the case.

These examples illustrate how protestation can be used in different legal systems to indirectly contest a fact or compel action from the opposing party.

protestatio contraria facto | protest certificate

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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