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LSDefine

Simple English definitions for legal terms

protestation

Read a random definition: Owelty

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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18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
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