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Statutory Declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath, but it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits, which, however, are made on oath. Depending on jurisdiction, statutory declarations can be used for: *Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable. *Declaring the intention to change one's name. *Affirming the provenance and nature of goods for export or import. *Statements of originality for patent applications. Australia Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The ''Statutory Declarations Act 1959'' governs the ...
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Commonwealth Of Nations
The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majority of which are former territorial evolution of the British Empire, territories of the British Empire from which it developed. They are connected through their English in the Commonwealth of Nations, use of the English language and cultural and historical ties. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental relations, and the Commonwealth Foundation, which focuses on non-governmental relations between member nations. Numerous List of Commonwealth organisations, organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance ...
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Canada Evidence Act
The ''Canada Evidence Act'' () is an act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by common law, the act is not comprehensive. The act applies to court proceedings conducted under federal law. The act thus applies in courts and administrative agencies created by the federal Parliament, such as the Federal Court of Canada and the Tax Court of Canada, as well as appeals from those courts to the Federal Court of Appeal and the Supreme Court of Canada. The act also applies in the provincial courts when they hear and determine matters under federal laws, notably under the Criminal Code, a federal statute. The act does not apply to matters under provincial law. Each province has its own ''Evidence Act'' for matters under provincial law. When a matter under provincial law is appealed to the Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the h ...
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Legal Documents
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in domestic or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect. Electronic legal documents With the onset of the Internet and electronic equip ...
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Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards ...
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Law Of Australia
The legal system of Australia has multiple forms. It includes a written Constitution of Australia, constitution, unwritten Constitutional convention (political custom)#Australia, constitutional conventions, statutes, Delegated legislation in the United Kingdom, regulations, and the judicially determined Common law in Australia, common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.. The Constitution of Australia, Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own Judiciary of Aus ...
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Sworn Declaration
A sworn declaration (also called a ''sworn statement'' or a ''statement under penalty of perjury'') is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of perjury. In legal proceedings, generally, facts that rely upon an individual's memory or knowledge are most reliably proven by having the person give testimony in court: he appears in person before a judge at a time and place known to other interested persons, swears that his testimony will be true, states his testimony so that all can hear it, and can be cross-examined by opposing parties. Generally, the written record of his testimony is taken down in written form by an official of the court, the court reporter. Such a procedure, although maximizing f ...
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Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement ...
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Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an act of the Parliament of the United Kingdom. It is a consolidation act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the act establishes a six-month limitation period for summary (but not indictable) offences. See also * Magistrates' Courts Act *Magistrates' court *Magistrates' court (England and Wales) References *"Magistrates' Courts Act 1980". Current Law Statutes Annotated 1980Volume 1 Chapter 43. *"The Magistrates' Cour ...
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Statute Law Revision Act 1890
The Statute Law Revision Act 1890 ( 53 & 54 Vict. c. 33) was an act of the Parliament of the United Kingdom that repealed various United Kingdom enactments which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the new edition of the revised edition of the statutes, then in progress. The act had been framed on the same lines as the Statute Law Revision Act 1888 ( 51 & 52 Vict. c. 3), except that it also repealed certain expressions made unnecessary by the passing of the Interpretation Act 1889 ( 52 & 53 Vict. c. 63). The act was the first Statute Law Revision Act to pass both Houses of Parliament with opposition, on the ground that it sought to repeal enactments of the present reign without the authority of a select committee of the House of Commons. Background In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's ''Commentaries on the Laws of England'', pu ...
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Patents, Designs, And Trade Marks Act 1883
The Patents, Designs, and Trade Marks Act 1883 ( 46 & 47 Vict. c. 57) was an act of the Parliament of the United Kingdom that consolidated enactments relating to patents in the United Kingdom. Passage Leave to bring in the Patents for Inventions Bill to the House of Commons was granted to Joseph Chamberlain , the Solicitor General, Sir Farrer Herschell , and John Clough Holmes on 17 February 1883. The bill had its first reading in the House of Commons on 17 February 1883, presented by Joseph Chamberlain . The bill had its second reading in the House of Commons on 17 April 1883 and was committed to the Standing Committee on Trade, Shipping, and Manufactures, which reported on 9 July 1888, with amendments. The amended bill was considered on 4 August 1883, with amendments and had its third reading in the House of Commons on 4 August 1883and passed, without amendments. The bill had its first reading in the House of Lords on 6 August 1883. The bill had its second reading in t ...
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Statute Law Revision Act 1874
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ...
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