Whereas


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Whereas

On the contrary, although, when in fact. An introductory statement of a formal document.

The term whereas is used two ways in the law. It is derived from Middle English and can mean "on the contrary," as in the sentence, The orange juice can label said "fresh squeezed," whereas the contents were made from orange juice concentrate.

In the law the term whereas also is used as the introductory word to a recital in a formal document. A recital contains words of introduction to a contract, statute, proclamation, or other writing. In a contract a whereas clause is an introductory statement that means "considering that" or "that being the case." The clause explains the reasons for the execution of the contract and, in some cases, describes its purpose. The whereas clause may properly be used in interpreting the contract. However, it is not an essential component for its operative provisions.

Court orders typically use whereas clauses before the clause or clauses containing the directions of the court. For example, a court might declare that "whereas the plaintiff made a motion to compel the production of certain documents, and whereas the court has held a hearing on the motion and is fully advised on the matter, now therefore it is hereby ordered that the motion to compel the production of the documents requested is hereby denied."

When whereas is placed at the beginning of a legislative bill, it means "because" and is followed by an explanation for the enactment of the legislation.

Finally, whereas is often used in official proclamations to project the solemnity of the occasion.

The term has been criticized as an overused legal formalism that clutters contracts and other legal documents. Legal formalism means the special usages of the language of law, many of which are archaic and which are flourishes of a style long dead.

WHEREAS. This word implies a recital, and in general cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially traversed, must be averred in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially traversed, may be alleged in the declaration by way of recital, under a whereas. Gould, Pl. c. 43, Sec. 42; Bac. Ab. Pleas, &c., B. 5, 4; 2 Chit. Pl. 151, 178, 191; Gould, Pl. c. 3, Sec. 47.

References in classic literature ?
Whereas Porthos would have every class keep its place, and though fond of going down into the kitchen, always barks at the top of the stairs for a servile invitation before he graciously descends.
They differ, again, in their length: for Tragedy endeavours, as far as possible, to confine itself to a single revolution of the sun, or but slightly to exceed this limit; whereas the Epic action has no limits of time.
Above all, those are most subject to envy, which carry the greatness of their fortunes, in an insolent and proud manner; being never well, but while they are showing how great they are, either by outward pomp, or by triumphing over all opposition or competition; whereas wise men will rather do sacrifice to envy, in suffering themselves sometimes of purpose to be crossed, and overborne in things that do not much concern them.
Whereas, in the days of the old Canadian and Indian hunters and trappers of the West, when the far west (in whose sunset suns still rise) was a wilderness and a virgin, the same number of moccasined men, for the same number of months, mounted on horse instead of sailing in ships, would have slain not forty, but forty thousand and more buffaloes; a fact that, if need were, could be statistically stated.
The second method is to consider the actions of some one man- a king or a commander- as equivalent to the sum of many individual wills; whereas the sum of individual wills is never expressed by the activity of a single historic personage.
Thwackum was the more confirmed in his opinion, as she had more than once slily caused him to whip Tom Jones, when Mr Allworthy, who was an enemy to this exercise, was abroad; whereas she had never given any such orders concerning young Blifil.
For it stands to reason that as Joseph's splendid financial ingenuities advantaged nobody but the king, the general public must have regarded him with a good deal of disfavor, whereas I had done my entire public a kindness in sparing the sun, and was popular by reason of it.
Whereas the truth is that the State in which the rulers are most reluctant to govern is always the best and most quietly governed, and the State in which they are most eager, the worst.
Whereas now, in one moment of audition, I take as it were the census and statistics, local, corporeal, mental and spiritual, of every living being in Lineland.
It is only two or three thousand feet high, and of course has no snow upon it in summer, whereas the Jungfrau is not much shorter of fourteen thousand feet high and therefore that lowest verge of snow on her side, which seems nearly down to the valley level, is really about seven thousand feet higher up in the air than the summit of that wooded rampart.
For just when one needs them most of all they seem suddenly to have grown dull and unsympathetic, not a word of comfort, not a charm anywhere in them to make us forget the slow-moving hours; whereas, when Margaret was here--but it is of no use to say any more
For whereas in general the conspirator has to fear before the execution of his plot, in this case he has also to fear the sequel to the crime; because on account of it he has the people for an enemy, and thus cannot hope for any escape.