declaration

declaration
dec·la·ra·tion n
1: the act of declaring
declaration of dividends
2 a: the first pleading in a common-law action compare complaint, indictment
b: a statement usu. not under oath made by a party to a legal transaction
the attorney must later sign an affidavit or declaration stating that he has informed the debtor — J. H. Williamson
c: a statement not under oath being offered as evidence
declaration against interest: a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination
◇ A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence.
dy·ing declaration: a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recovery and that concerns the circumstances or cause of the presumed death compare excited utterance, res gestae
◇ Dying declarations are an exception to the hearsay rule and can be admitted as evidence only if the declarant is unavailable as a witness.
self–serving declaration: a statement made out of court that is in the declarant's own interest
spon·ta·ne·ous declaration /spän-'tā-nē-əs-/: an excited utterance that is made without time for fabrication – called also spontaneous exclamation, spontaneous utterance; compare res gestae
◇ Spontaneous declarations are exceptions to the hearsay rule under the excited utterance exception.
3: something that is declared: as
a: a statement proclaiming the principles, aims, or policies of a group or government
declaration of rights compare constitution, proclamation
b: a statement of the value of property that is subject to a tax (as a duty); also: a statement of the amount of tax estimated to be due (as on property or income) see also estimated tax compare return
c: a statement of information (as year, make, and model) regarding the subject (as a car) and coverage of an insurance policy
4: a statement creating or giving notice of the creation of a legal entity, relationship, or status; also: the instrument embodying such a statement
declaration of condominium: a declaration of the creation of a condominium that includes a description of the common and individual interests and obligations compare master deed at deed
declaration of homestead: a declaration by a qualified property owner by which the protection of a homestead exemption is effectuated
declaration of trust: a declaration by one holding or taking title to property in which he or she acknowledges that the property is held in trust for another

Merriam-Webster’s Dictionary of Law. . 1996.

declaration
I noun admission, affirmation, announcement, annunciation, assertion, attestation, bulletin, communication of knowledge, communique, declaratio, decree, decreement, dictum, edict, edictum, explicit utterance, exposition, expression, fiat, formal assertion, formal notice, ipse dixit, notice, notification, official bulletin, positive statement, praedicatio, presentation, proclamation, profession, promulgation, pronouncement, public announcement, public notice, publication, recitation, resolution, revelation, solemn averment, solemn avowal, statement, statement of facts, transmission of knowledge, ukase associated concepts: declaration against interest, declaration against pecuniary interest, declaration against penal interest, declaration of candidacy, declaration of deceased person, declaration of dividends, declaration of estimated tax, declaration of homestead, declaration of independence, declaration of intent, declaration of intention, declaration of law, declaration of parties, declaration of public necessity, declaration of rights, declaration of trust, declaration of value, declaration of war, dying declarations, extrajudicial declaration, judicial declaration, narrative declaration, res gestae, self-serving declaration, spontaneous declaration II index acknowledgment (avowal), adjudication, adjuration, admission (disclosure), affirmance (authentication), affirmation, alibi, allegation, assertion, asseveration, assurance, attestation, averment, avouchment, avowal, brevet, certificate, certification (attested copy), certification (certification of proficiency), claim (assertion), claim (legal demand), cognovit, common knowledge, communication (statement), conclusion (determination), confession, confirmation, count, declaratory judgment, decree, determination, dictum, directive, disclosure (act of disclosing), disclosure (something disclosed), discovery, edict, expression (comment), judgment (formal court decree), measure, notice (announcement), notification, observation, opinion (judicial decision), order (judicial directive), parole, platform, proclamation, promise, pronouncement, proposition, reference (recommendation), remark, representation (statement), resolution (formal statement), speech, statement, surety (certainty), testimony

Burton's Legal Thesaurus. . 2006


declaration
n.
(1) A formal announcement or statement.
(2) At common law, the first pleading presented to the court by a plaintiff, similar to a complaint in structure and purpose.
(3) In evidence, an unsworn statement made by a witness, a party to a lawsuit, or a person who subsequently died.
(4) When entering a country, a statement of goods brought into the country by the person entering.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


declaration
Any statement made, particularly in writing, including a formal statement made under penalty of perjury and signed by the declarant.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

declaration
This term has different meanings depending on its context:
• In the context of dispute resolution, a court decision setting out the rights or legal position of the parties. It is only generally available if other remedies are inappropriate. It is often sought when the subject matter of the proceedings affects a large number of people.
• In the context of insurance, a statement by the insured giving details of the risks required to be covered. This may be incorporated within the proposal form or made later. If made later, the policy will be issued subject to declaration and will be endorsed with details of the declaration.
+ declaration
USA
An unsworn written statement in which the declarant (such as a party's attorney or a fact or expert witness) states, under penalty of perjury, that everything stated is true and correct. Declarations, like affidavits, are commonly used as a way to submit factual evidence (such as witness statements or documentary evidence) in litigation. Unlike affidavits, however, declarations are not formally sworn before a notary public or other officer empowered to administer oaths.
Declarations are generally used in federal proceedings, but certain states permit the use of similar unsworn statements in lieu of affidavits as well. For example, New York law allows attorneys, physicians, osteopaths and dentists admitted to practice in that state to affirm the truth of certain statements without swearing before a notary public or other officer empowered to administer oaths (N.Y.C.P.L.R. 2106). Under federal law, for a declaration to be valid, it must include the statutory language set out in 28 U.S.C. § 1746.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


declaration
n.
1 A statement made in connection with a case or legal matter, or intended to have a formal status or effect.
2 A written document, synonymous in some jurisdictions with affidavit and in others (although antiquated) with complaint.
3 A written document governing rights and obligations among property owners, as in declaration of condominium or declaration of covenants and restrictions.
@ declaration against interest
A statement that is assumed to be truthful because it is contrary to the declarant
's self-interest when made, and is therefore admissible in court as an exception to the hearsay rule.
@ dying declaration
A statement that is assumed to be truthful because it is made by an individual aware of impending death (and thus thought to have no incentive to lie), and that is therefore admissible in court as an exception to the hearsay rule.
=>> declaration.
@

Webster's New World Law Dictionary. . 2000.


declaration
The first pleading in a lawsuit governed by the rule of common-law pleading. In the law of evidence, a statement or narration made not under oath but simply in the middle of things, as a part of what is happening. Also, a proclamation.

Dictionary from West's Encyclopedia of American Law. 2005.


declaration
The first pleading in a lawsuit governed by the rule of common-law pleading. In the law of evidence, a statement or narration made not under oath but simply in the middle of things, as a part of what is happening. Also, a proclamation.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

declaration
n.
   1) any statement made, particularly in writing.
   2) a written statement made "under penalty of perjury" and signed by the declarant, which is the modern substitute for the more cumbersome affidavit, which requires swearing to its truth before a notary public.
   See also: affidavit, declarant

Law dictionary. . 2013.

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  • déclaration — [ deklarasjɔ̃ ] n. f. • XIIIe; lat. declaratio 1 ♦ Action de déclarer; discours ou écrit par lequel on déclare. Faire, prononcer, rédiger une déclaration. Selon sa propre déclaration : selon ce qu il a dit lui même. ⇒ aveu, 2. dire, parole.… …   Encyclopédie Universelle

  • déclaration — DÉCLARATION. sub. f. Action de déclarer. Discours, acte par lequel on déclare. Déclaration publique, authentique, solennelle. Depuis la déclaration de son mariage. Déclaration d amour. Faire une déclaration d amour, et simplement, une déclaration …   Dictionnaire de l'Académie Française 1798

  • declaration — Declaration. s. f. v. Action par laquelle on declare. Declaration publique, authentique, solemnelle. depuis la declaration de son mariage. declaration d amour. il luy fit une declaration d amour dans les formes. il ne veut point de cela, il en a… …   Dictionnaire de l'Académie française

  • Declaration — may refer to: Declaration (computer programming), specifies the identifier, type, and other aspects of language elements Declaration (cricket), when the captain of a cricket team declares its innings closed Declaration (law), a type of relief… …   Wikipedia

  • declaration — C est exposition d une chose obscure, Expositio, Interpretatio, Explicatio, et n est en ce mot la particule, de, privative, ains augmentative de signification. C est aussi un denombrement de biens et autres choses, Denumeratio, Catalogus bonorum… …   Thresor de la langue françoyse

  • Declaration — Déclaration Cette page d’homonymie répertorie les différents sujets et articles partageant un même nom …   Wikipédia en Français

  • Declaration — Dec la*ra tion, n. [F. d[ e]claration, fr. L. declaratio, fr. declarare. See {Declare}.] 1. The act of declaring, or publicly announcing; explicit asserting; undisguised token of a ground or side taken on any subject; proclamation; exposition; as …   The Collaborative International Dictionary of English

  • declaration — mid 14c., action of stating, from O.Fr. declaration, from L. declarationem (nom. declaratio), noun of action from pp. stem of declarare (see DECLARE (Cf. declare)). Meaning proclamation, public statement is from 1650s. Declaration of independence …   Etymology dictionary

  • declaration — [dek΄lə rā′shən] n. [ME declaracioun < OFr declaration < L declaratio] 1. the act of declaring; announcement 2. a thing declared 3. a formal statement; proclamation 4. a statement of taxable goods [a declaration at the customs office] 5 …   English World dictionary

  • Declaration — (v. lat. Declaratio), 1) Erklärung; 2) (Log.), im weiteren Sinne der Satz od. das Urtheil, in dessen Prädicate von dem Subjecte so viele Merkmale angegeben werden, daß dasselbe dadurch von anderen Dingen od. Subjecten unterschieden werden kann;… …   Pierer's Universal-Lexikon

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