declaration

In common-law pleading, the first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause or action. It commonly comprises several sections or divisions, called "counts", and its formal parts follow each other in this general order: Title, venue, commencement, cause of action, counts, conclusion

The declaration, at common law, answers to the "libel" in ecclesiastical and admiralty law, the "bill" in equity, the "petition" in civil law, the "complaint" in code and rule pleading, and the "count" in real actions.

The term "complaint" is used in the federal courts and in all states that have adopted Rules of Civil Procedure.

In law of evidence, an unsworn statement or narration of facts made by party to the transaction, or by one who has an interest in the existence of the facts recounted. Also, similar statements made by a person since deceased, which are admissible in evidence in some cases, contrary to the general rule, e.g., "dying declarations" (q.v.).

See also declaration against interest.

Listing by person entering United States of merchandise or other goods brought into country by him. The basic governing document or "constitution" for a condominium. A document by the owner of property which is recorded in order to establish a legal order upon the property, such as a condominium (by a declaration of condominium or master deed), a system of cross-easements (by a declaration of easements) or a homeowners association (by declaration of covenants, restrictions and easements)

@ declarations against interest

An out of court statement by a declarant who is unavailable as a witness is admissible as an exception to the rule against hearsay if the statement was against his interest at the time it was made.

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Under the common law the statement must have been against the pecuniary or proprietary interest of the declarant.

Under Federal Rule of Evidence 804(bX3) and the law of some states, the statement may also be admitted if it was against the penal interest of the declarant. However, the Federal Rule provides that a statement which tends to expose the declarant to criminal liability and which is "offered to exculpate the accused" is not admissible "unless corroborating circumstances clearly indicate the trustworthiness of the statement." Such declarations are evidence of the fact declared, and are therefore distinct from admissions, which amount to a waiver of proof. They are statements which, when made, conflict with the pecuniary or proprietary interest of the person making them, or so far tend to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true

@ declaration in chief

A declaration for the principal cause of action

@ declaration of dividend

The act of a corporation in setting aside a portion of its net or surplus income for distribution among the stockholders according to their respective stock ownership. First Nat. Bank & Trust Co. v. Glenn, D.C.Ky., 36 F.Supp. 552, 554.

See also dividend

@ declaration of homestead

Statement required to be filed with proper state or local official or agency showing property ownership for purposes of securing homestead exemption rights. It is merely an act of the owner whereby he avails himself of, and secures, a right or privilege given him by statute; it is neither a conveyance nor a contract, and there is no transfer of, or change in, title, nor any agreement of transfer or change. U. S. Fidelity & Guaranty Co. v. Alloway, 173 Wash. 404, 23 P.2d 408.

See also homestead

@ Declaration of Independence

A formal declaration or announcement, promulgated July 4, 1776, by the Congress of the United States of America, in the name and behalf of the people of the colonies, asserting and proclaiming their independence of the British crown, vindicating their pretensions to political autonomy, and announcing themselves to the world as a free and independent nation

@ declaration of intention

A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the effect that it is his intention in good faith to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof at the time he may be a citizen or subject. 8 U.S.C.A. No. 1445

@ declaration of legitimacy

Formal pronouncement that a person is a legitimate child

@ declaration of pain

Exception to hearsay rule which permits testimony of out of court statement consisting of declarant's exclamation of present pain. Fed.Evid.R. 803(3)

@ declaration of right

See Bill of Rights

@ declaration of state of mind

Exception to hearsay rule which permits testimony of out of court statement concerning person's state of mind, e.g. "I am sad". Fed. Evid.R. 803(3)

@ declaration of trust

The act by which the person who holds the legal title to property or an estate acknowledges and declares that he holds the same in trust to the use of another person or for certain specified purposes. The name is also used to designate the deed or other writing embodying such a declaration

@ declaration of war

A public and formal proclamation by a nation, through its executive or legislative department, that a state of war exists between itself and another nation, and forbidding all persons to aid or assist the enemy. An act of Congress is necessary to the commencement of a foreign war and is in itself a "declaration" and fixes the date of the war. Rosenau v. Idaho Mut. Ben. Ass'n, 65 Idaho 408, 145 P.2d 227, 230.

See Art. I, Sec. 8, cl. 11, U.S. Const

@ dying declarations

Statements made by a person who believes he is about to die in reference to the manner in which he received the injuries of which he is dying, or other immediate cause of his death, and in reference to the person who inflicted such injuries or the connection with such injuries of a person who is charged or suspected of having committed them. Such statements are admissible in evidence as an exception to the hearsay rule in a trial for homicide (and occasionally, at least in some jurisdictions, in other cases) where the killing of the declarant is the crime charged to the defendant. Shepard v. U.S., Kan., 290 U.S. 96, 54 S.Ct. 22, 78 L.Ed. 196.

Generally, the admissibility of such declarations is limited to use in prosecutions for homicide; but is admissible on behalf of accused as well as for prosecution. In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death is not excluded by the hearsay rule. Fed.Evid.R. 804(bX2).

@ self-serving declaration

One made by a party in his own interest at some time and place out of court; not including testimony which he gives as witness at the trial

@ declaration date

The day on which directors of a corporation declare a dividend as contrasted with date on which the dividend is actually paid.

See ex dividend

@ declaration of estimated tax

A tax payment procedure whereby non-wage earner individuals, and wage earners with other income not subject to withholding, as well as corporations are required to file declarations of estimated tax and make periodic payments of such. This requirement assures current collection of taxes from taxpayers whose incomes are not taxed, or fully taxed, by means of payroll withholdings. I.R.C. No.No. 6015, 6154.

See estimated tax

@ Declaration of Paris

The name given to an agreement announcing four important rules of international law effected between the principal European powers at the Congress of Paris in 1856. These rules are:

(1) Privateering is and remains abolished;

(2) the neutral flag covers enemy's goods, except contraband of war;

(3) neutral goods, except contraband of war, are not liable to confiscation under a hostile flag;

(4) blockades, to be binding, must be effective

@ Declaration of Taking Act

Federal law governing taking of private property for public use under eminent domain. 40 U.S.C.A. No.No. 58a-258e; U. S. v. Miller, 317 U.S. 369, 63 S.Ct. 276, 87 L.Ed. 336.

See eminent domain

@ declarator of trust

A common law action resorted to against a trustee who holds property upon titles ex facie for his own benefit

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