16:52
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LSDefine
Simple English definitions for legal terms
protestation
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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.