Skip to main content
Select Source:

Declaration

DECLARATION

The firstpleadingin a lawsuit governed by the rule ofcommon-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.

A declaration is the plaintiff's statement of a claim against the defendant, formally and specifically setting out the facts and circumstances that make up the case. It generally is broken into several sections, which describe the different counts of the cause of action. The declaration should give the title of the action, the court and place of trial, the basis for the claim, and the relief demanded. The defendant then answers with a plea. Common-law pleading has been abolished in the United States, and modern systems of code pleading and rules based on federal civil procedure now provide for a complaint to accomplish the same purpose as did the declaration in former times.

Under some circumstances, statements made out of court by one person may be repeated in court by someone else even though the hearsay rule ordinarily forbids secondhand testimony. For example, a dying declaration

is a statement in which a homicide victim names his or her killer on his or her deathbed. If the victim had known who had attacked him or her, had abandoned all hope of recovery, and had in fact died of the wounds, a person who heard the dying declaration can repeat it in court at the time the killer is brought to trial. The theory is that a deceased person would not have lied just before dying.

A declaration against interest is another type of statement received into evidence even though it is being repeated by someone who heard it out of court. It is any comment that admits something harmful to the rights of the person who made the statement. For example, a driver says to his or her passenger just before the car misses a curve and ends up in a ditch, "I know the brakes are bad, but don't worry." Later when suing to recover compensation for injuries, the passenger can testify that he or she heard the driver make a declaration against his or her interest even though that testimony is hearsay.

Customs law requires all persons entering the United States to provide officers with a list of merchandise they are bringing into the country. This list is also called a declaration.

Real property laws in various states require the filing of statements to disclose plans that establish certain rights in particular buildings or parcels. For example, a homeowners' association formed by neighbors to maintain a recreation center owned by all of them together may file a declaration of covenants. A builder may be required to file a declaration of condominium before beginning to sell new units.

As a preliminary step before becoming naturalized U.S. citizens, aliens must file a declaration of intention which states that they are honestly trying to become citizens and that they formally renounce all allegiance to any other nation where they were ever citizens or subjects.

The Declaration of Independence was a formal announcement on July 4, 1776, by which the Continental Congress of the United States of America proclaimed the independence of the people of the colonies from the rule of Great Britain. It explained the reasons for their assertion of political autonomy and announced to the world that the United States was a free and independent nation.

international law recognized that nations may formally and publicly proclaim a condition of armed conflict by a declaration of war, which in effect forbids all persons to aid or assist the enemy. In the United States, the Congress has the authority to declare war, and a declaration fixes a beginning date for the war.

A declaration of a dividend is an act of a corporation in setting aside a portion of net or surplus income for proportional distribution as a dividend to those who hold shares of stock.

Cite this article
Pick a style below, and copy the text for your bibliography.

  • MLA
  • Chicago
  • APA

"Declaration." West's Encyclopedia of American Law. . Encyclopedia.com. 29 Jun. 2017 <http://www.encyclopedia.com>.

"Declaration." West's Encyclopedia of American Law. . Encyclopedia.com. (June 29, 2017). http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/declaration

"Declaration." West's Encyclopedia of American Law. . Retrieved June 29, 2017 from Encyclopedia.com: http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/declaration

declaration

dec·la·ra·tion / ˌdekləˈrāshən/ • n. a formal or explicit statement or announcement. ∎  the formal announcement of the beginning of a state or condition: a declaration of independence. ∎  a listing of goods, property, income, etc., subject to duty or tax. ∎  a statement asserting or protecting a legal right. ∎  a written public announcement of intentions or of the terms of an agreement. ∎  Law a plaintiff's statement of claims in proceedings. ∎  Law an affirmation made instead of taking an oath. ∎  the naming of trump in bridge, whist, or a similar card game.

Cite this article
Pick a style below, and copy the text for your bibliography.

  • MLA
  • Chicago
  • APA

"declaration." The Oxford Pocket Dictionary of Current English. . Encyclopedia.com. 29 Jun. 2017 <http://www.encyclopedia.com>.

"declaration." The Oxford Pocket Dictionary of Current English. . Encyclopedia.com. (June 29, 2017). http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/declaration-0

"declaration." The Oxford Pocket Dictionary of Current English. . Retrieved June 29, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/declaration-0

declaration

declaration Declaration of Independence a document declaring the US to be independent of the British Crown, signed on 4 July 1776 by the Congressional representatives of thirteen states, including Thomas Jefferson, Benjamin Franklin, and John Adams.
Declaration of Rights a statute passed by the English parliament in 1689, which first established the joint monarchy of William and Mary and which was designed to ensure that the Crown would not act without Parliament's consent. It was later incorporated into the Bill of Rights.

Cite this article
Pick a style below, and copy the text for your bibliography.

  • MLA
  • Chicago
  • APA

"declaration." The Oxford Dictionary of Phrase and Fable. . Encyclopedia.com. 29 Jun. 2017 <http://www.encyclopedia.com>.

"declaration." The Oxford Dictionary of Phrase and Fable. . Encyclopedia.com. (June 29, 2017). http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/declaration

"declaration." The Oxford Dictionary of Phrase and Fable. . Retrieved June 29, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/declaration

declaration

declaration One of the two major kinds of element in a conventional program, the other being a statement. A declaration introduces an entity for part of the program – its scope – giving it a name and establishing its static properties. Examples are declarations of variables, declarations of procedures, declarations of input/output ports or files.

Cite this article
Pick a style below, and copy the text for your bibliography.

  • MLA
  • Chicago
  • APA

"declaration." A Dictionary of Computing. . Encyclopedia.com. 29 Jun. 2017 <http://www.encyclopedia.com>.

"declaration." A Dictionary of Computing. . Encyclopedia.com. (June 29, 2017). http://www.encyclopedia.com/computing/dictionaries-thesauruses-pictures-and-press-releases/declaration

"declaration." A Dictionary of Computing. . Retrieved June 29, 2017 from Encyclopedia.com: http://www.encyclopedia.com/computing/dictionaries-thesauruses-pictures-and-press-releases/declaration