“Adjudication by consent is nothing new,” Sotomayor wrote. As long as Article III judges ultimately oversee the process, litigants can exercise their “personal right” to settle disputes in other courts. Source.
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“Adjudication by consent is nothing new,” Sotomayor wrote. As long as Article III judges ultimately oversee the process, litigants can exercise their “personal right” to settle disputes in other courts. Source.
CONSENT. A concurrence of wills. Voluntarily
yielding the will to the proposition of another;
acquiescence or compliance therewith.
VOLUNTARY. Unconstrained by interference;
unimpelled by another's influence; spontaneous;
acting of oneself. Coker v. State, 199 Ga. 20, 33
S.E.2d 171, 174. Done by design or intention, purpose,
intended. Nelson County v. Williams County,
N.D., 276 N.W. 265, 269. Proceeding from the
free and unrestrained will of the person. Brown
v. McCulloch, Tenn.App., 144 S.W.2d 1, 4. Produced
in or by an act of choice. Hartingh v. Bay
Circuit Judge, 176 Mich. 289, 142 N.W. 585, 587,
Ann.Cas.1915B, 520. Resulting from choosing.
Travelers' Protective Ass'n v. Jones, 75 Ind.App.
29, 127 N.E. 783, 784. The word, especially in
statutes, often implies knowledge of essential
facts. Sweeney v. Sweeney, 96 Vt. 196, 118 A. 882,
26 A.L.R. 1066; Choate v. State, 19 Okl.Cr. 169,
197 P. 1060, 1063.
In order for one to "waive" a right, he must do it
knowingly and be possessed of the facts. Barnhill v. Rubin,
D.C.Tex., 46 F.Supp. 963, 966.
One cannot consent unknowingly.