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WAIVER

an intentional and voluntary surrender of some known right, which generally may either result from an express agreement or be inferred from circumstances.

See informed consent.

EXAMPLE:

Spencer enteres into a plea bargain with the prosecutor in the hope that he will receive a lighter sentence. Since the plea representes an admission of guilt and a waiver of the right to a jury trial, the judge must be sure that Spencer realizes the consequences of his actions. Therefore, the judge will inform Spencer that he has a right to have a trial and that there is no guarantee that a plea will necessarily result in any different sentence than from a trial. Without these precautions, the judge cannot be sure that Spencer's waiver is knowing and intelligent.
EXECUTORY WAIVER: one that affects a still unperformed duty of the other party to a contract.

IMPLIED WAIVER: the waiver of substantial rights based upon the conduct of the waiving party. For an implied waiver to occcur, the party alleging the waiver must have acted in detrimental reliance on the conduct constituting the waiver, and the conduct relied upon must demonstrate a clear, decisive, and unequivocal prupose to waive the legal rights involved.
compare estoppel.
"This Court has "repeatedly held that 'an issue not raised in the district court and raised for the first time in an appeal will not be considered by this court.'

...The reason for this prohibition is plain:
as a court of appeals, we review claims of judicial error in the trial courts. If we were to regularly address questions — particularly fact-bound issues — that districts court never had a chance to examine, we would not only waste our resources, but also deviate from the essential nature, purpose, and competence of an appellate court.
Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a Rule affects a particular person in a manner significantly different from the way i[t] affects other similarly situated persons who are subject to the Rule.
"[To prove willfulness], the employee must prove by a preponderance of the evidence that his employer either knew that its conduct was prohibited by the [EPA] or showed reckless disregard about whether it was."
Subject matter jurisdiction cannot be created by waiver, acquiescence or agreement of the parties, or by error or inadvertence of the parties or their counsel, or by the exercise of power by the court; it is a power that arises solely by virtue of law.
When a court lacks subject matter jurisdiction, its judgment is void and must be reversed on appeal.
Congratulations! You're now booked up on what Waiver means!

You'll probably need to reference a legal glossary during your pursuit of justice.

For instance, you may need the technical definition of a word in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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