Legal Definition and Related Resources of Waive

To intentionally give up, or not insist on some right, claim or privelege that one is otherwise entitled to enforce. It may be express or it may be implied by such conduct as warrants an inference of the relinquishment or waiver of such right. The act of waiving presupposes a full knowledge of a right existing and an intentional surrender or relinquishment of that right. See Sovereign Camp, W. IV. v Newsom, 142 Ark. 132, 219 S. W. 759.

A term applied to a woman as “outlaw” is applied to a man. A man is an outlaw; a woman is a waive. Crabb. To abandon or forsake a right. To abandon without right; as, if the felon waives, that is, leaves any goods in his flight from those who either pursue him, or are apprehended by him so to do, he forfeits them, whether they be his own goods, or goods stolen by him.” Bac. Abr. “Forfeiture” (B).

verb

• cast off
• cease
• de re decedere
• desist from
• disclaim
• dismiss
• disown
• dispense with
• forgo
• give up
• give up claim to
• not retain
• not use
• put aside
• refrain from
• refuse
• reject
• relinquish
• rem concedere
• renounce
• repudiate
• sacrifice
• set aside
• surrender
• yield Associated Concepts: election of remedy
• waive a jury trial
• waive jurisdictional requirements
• waive objections
• waive rights
• waive rights to payment under a contract

Browse or run a search for Waive in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Waive in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Waive in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Waive in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Acquiescence, Inchoate.

Translate Waive from English to Spanish

Translation of Waive , with examples. More about free online translation into Spanish of Renunciar and other legal terms is available here.

• Renunciar
• Desistir
• Eximir
• Suspender
• Dejar de lado
• Legal English Translation

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This definition of Waive is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

English Spanish Translation of Waive

To waive a right: Renunciar al derecho

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Waive) and the Word reference legal translator.

Concept of Waive in the context of Real Property

A short definition of Waive: To knowingly abandon, relinquish, or surrender a right, benefit, or claim.

Concept of Waive in the context of Real Property

A short definition of Waive: To knowingly abandon, relinquish, or surrender a right, benefit, or claim.

Grammar

This term is a verb.

Etimology of Waive

(You may find waive at the world legal encyclopedia and the etimology of more terms).

c. 1300, “deprive of legal protection,” from Anglo-French weyver “to abandon, waive” (Old French guever “to abandon, give back”), probably from a Scandinavian source akin to Old Norse veifa “to swing about,” from Proto-Germanic *waif- (see waif). In Middle English legal language, used of rights, goods, or women. If the defendant be a woman, the proceeding is called a waiver; for as women were not sworn to the law by taking the oath of allegiance in the leet (as men anciently were when of the age of twelve years and upwards), they could not properly be outlawed, but were said to be waived, i.e., derelicta, left out, or not regarded. [from section subtitled “Outlawry” in J.J.S. Wharton, “Law-Lexicon, or Dictionary of Jurisprudence,” London, 1867] Related: Waived; waiving.

Meaning of Waive (to) in Spanish

Description/ translation of waive (to) into Spanish: renunciar; waiver of jury trial: renunciar al juicio por jurado; to be waived: precluir; the non-waiver rule: principio de no preclusión[1]

Note: for more information on related terms and on the area of law where waive (to) belongs (criminal procedure law), in Spanish, see here.

Notes and References

1. Translation of Waive (to) published by Antonio Peñaranda