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Thread: “Adjudication by consent is nothing new,”

  1. #1

    “Adjudication by consent is nothing new,”

    “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.
    "And if I could I surely would Stand on the rock that Moses stood"

  2. #2
    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.
    Last edited by pumpkin; 05-27-15 at 08:32 PM.

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