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consent |
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Consent
Voluntary Acquiescence to the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingness that an act or an infringement of an interest shall occur. Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. It is an act unaffected by Fraud, duress, or sometimes even mistake when these factors are not the reason for the consent. Consent is implied in every agreement. Parties who terminate litigation pursuant to a consent judgment agree to the terms of a decision that is entered into the court record subsequent to its approval by the court. In the context of rape, submission due to apprehension or terror is not real consent. There must be a choice between resistance and acquiescence. If a woman resists to the point where additional resistance would be futile or until her resistance is forcibly overcome, submission thereafter is not consent. consent 1) n. a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations. consent noun accedence, acceptance, accord, acquiescence, admission, adoption, affirmation, agreement, allowance, approbation, approval, assent, assurance, authentication, authority, certification, commendation, compliance, concession, concord, concordance, concurrence, consensus, corroboration, countenance, endorsement, entitlement, grace, grant, guarantee, harmony, indulgence, leave, legalization, license, permission, permit, ratification, sanction, stipulation, sufferance, support, tolerance, toleration, unison, unity, validation, verification, vouchsafement, warrant, warranty, willingness Associated concepts: consent decree, consent in writing, consent judgment, consent of adoptive parents, consent of owner, consent of parties, consent to a taking, consent to an act, consent to search, express consent, implied connent, legal consent, limited consent, mutual consent, parental consent, qualified consent, removal of an action by consent, voluntary consent, without consent Foreign phrases: Consensus non concubitus facit nuptias vel matrimonium et consentire non possunt ante annos nubiles.Consent, not cohabitation, constitutes nuptials or marriage, and persons cannot consent before marriageeble years. Consensus voluntas multorum ad quos res pertinet, simul juncta. Consent is the united will of sevvral interested in one subject matter. Consentientes et aqentes pari poena plectentur. Persons who consent and those who perform are subject to the same penalties. Longa patientia trahitur ad consensum. Long sufferance is construed as consent. Itelius estomnia mala pati quam malo consentire. It is better to suffer every ill than to connent to evil. Nihil consensui tam controrium est quam vis atque metus. Nothing is as much opposed to consent as force and fear. Non consentit qui errat. He who makes a mistake does not consent. Non refert an quis assennum suum praefert verbis aut rebus ipsis et factis. It matters not whether a man gives his consent by his words or by his acts and deeds. Non videntur qui errant connentire. Those who err are not deemed to consent. Non videtur consensum retinuisse si quis ex praescripto minantis aliquid immutavit. He does not appear to have retained consent who has changed anything through menaces. Nuptias non cuncubitus sed consensus facit. Not cohabitation but consent makes the marriage. Omne jus aut consensus fecit, aut necessitas constituit aut firmavit consuetudo. Consent created, necessity estabbished, or custom has confirmed every law. Omnis connensus tollit errorem. Every consent removes error. Qui tacet, consentire videtur. He who is silent, is deemed to consent. Actus me invito factus non est meus actus. An act done against my will is not my act. Agentes et connentientes pari poena plectentur. Acting and consenttng parties are liable to the same punishment. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Consent is the conjoint will of several perrons to whom the thing belongs. Consensus facit legem. Consent makes the law. Consensus tollit errorem. Consent removes or obviates mistake. Quod meum est sine me auferri non potest. What is mine cannot be taken away without my consent. Volenti non fit injuria. He who consents cannot receive an injury. consent verb accede, accept, accord, acquiesce, affirm, agree, allow, approve, assent, authorize, be in favor of, be willing, come to terms, comply, concur, endorse, give approval, give consent, give permission, grant, gratify, have no objection, indicate willingness, license, permit, ratify, sanction, suffer, support, tolerate, warrant, yield Associated concepts: consent to an adjournment, consent to jurisdiction See also: accede, acceptance, acknowledge, acquiescence, advocate, agree, agreement, allow, approval, approve, assent, authority, bestow, capacity, capitulation, certify, charter, close, coincide, compatibility, compliance, comply, concede, concordance, concur, confirm, conformity, contract, contribution, defer, dispensation, enable, endure, exception, franchise, grant, indorsement, leave, let, license, obey, option, pass, permission, permit, promise, ratification, recognize, sanction, submit, subscribe, subscription, suffer, tolerate, vouchsafe, vow, yield CONSENT. An agreement to something proposed, and differs from assent. (q.v.)
Wolff, Ins. Nat. part 1, SSSS 27-30; Pard. Dr. Com. part 2, tit. 1, n.
1, 38 to 178. Consent supposes, 1. a physical power to act; 2. a moral power
of acting; 3. a serious, determined, and free use of these powers. Fonb. Eq.
B; 1, c. 2, s. 1; Grot. de Jure Belli et Pacis, lib. 2, c. 11, s. 6.
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