Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

protestation

Read a random definition: pontiff

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 10 👎
Help us make LSD better!
Tell us what's important to you
babycat
16:37
I'm guessing you don't have a sibling named babycat but I hope I still make you marginally happier than normal despite this
JumpySubsequentDolphin
16:38
maybe he has a babycat
babycat
16:38
I think everyone should have a babycat
JumpySubsequentDolphin
16:39
im allergic to baby cats >:(
JumpySubsequentDolphin
16:40
I used to have a babycat, I only got allergies after he died
JumpySubsequentDolphin
16:40
I think he’s haunting me
babycat
16:40
:(
babycat
16:40
that's too bad
babycat
16:40
you still have me though <3
@babycat: you make my day marginally happier with your scathing wit
16:43
New Father John Misty album out today
16:44
People saying it’s his best yet by far
babycat
16:45
what would I do without you renard99
awww ty wasp :)
i have 4 (baby) cats!
16:46
Damn you know her sarcasm is meant to be scathing when she calls me by my full username and not just Renard
JumpySubsequentDolphin
16:47
@jackfrost11770: FOUR?!??
16:48
I’m only teasing Babycat ily I’ll be seeing you in [REDACTED] very very soon
YES
and they're all rescues from breeders so they're all long haired persians .... w flat faces ....
they're all runts cause breeders just ... dispose of them (:(((() so they're all super tiny
literal babies
babycat
16:49
ily2 renard99
initiallaw
16:49
omg so cute
JumpySubsequentDolphin
16:51
@jackfrost11770: IM SO JEALOUS
2big2fail
16:52
perhaps peggerdine this evening
2big2fail
16:52
but then again, perhaps not
JumpySubsequentDolphin
16:53
damn no ucla wave
16:56
Hey guys! chance me 340/340GRE- 2 years work experience at PIL and wrote compelling statements. but my masters gpa is kinda 3.1 because I was domestically abused. :p
babycat
16:59
schools mostly care about your undergrad GPA
LSD+ is ad-free, with DMs, discounts, case briefs & more.