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information and belief :: legal definition


Information and belief - n. a phrase often used in legal pleadings (complaints and answers in a lawsuit), declarations under penalty of perjury, and affidavits under oath, in which the person making the statement or allegation qualifies it. In effect, he/she says: "I am only stating what I have been told, and I believe it." This makes clear about which statements he/she does not have sure-fire, personal knowledge (perhaps it is just hearsay or surmise) and protects the maker of the statement from claims of outright falsehood or perjury. The typical phraseology is: "Plaintiff is informed and believes, and upon such information and belief, alleges that defendant diverted the funds to his own use."

See also: affidavit answer complaint declaration perjury and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
affiant :: n. a person who signs an affidavit and swears to i ... lerk. See also: affidavit declarant
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
belief :: n. convinced of the truth of a statement or allega ... t. See also: information and belief
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conscientious objector :: n. a person who refuses to serve in the military d ... ometimes call them "draft dodgers."
corporation :: n. an organization formed with state governmental ... ation public corporation securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration
declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
summons :: n. a document issued by the court at the time a la ... use service service of process writ
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - I

i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture