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.
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.
And whereas the other so-called virtues of the soul seem to be akin to bodily qualities, for even when they are not originally innate they can be implanted later by habit and exercise, the of wisdom more than anything else contains a divine element which always remains, and by this conversion is rendered useful and profitable; or, on the other hand, hurtful and useless.
You profess to see, whereas you can see nothing but a Point!
The absurd answer (that Achilles could never overtake the tortoise) resulted from this: that motion was arbitrarily divided into discontinuous elements, whereas the motion both of Achilles and of the tortoise was continuous.
It is also an error in democracies for the demagogues to endeavour to make the common people superior to the laws; and thus by setting them at variance with the rich, dividing one city into two; whereas they ought rather to speak in favour of the rich.
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.