intentional relinquishment

See: waiver
References in periodicals archive ?
"The classic description of an effective waiver of a constitutional right is the intentional relinquishment or abandonment of a known right or privilege."
The district court ruled that, under Georgia law, a jury could find that "State Farm's actions and conduct, when taken together and considered as a whole, may amount to an intentional relinquishment of a known right."
On the other hand waiver is an intentional relinquishment of a known right involving both knowledge of the existence of the right and the intent to relinquish it.
Waiver is the intentional relinquishment of a right or claim.
The appellate court addressed Hayden's waiver argument, noting "(w)aiver is either the intentional relinquishment of a known right or intentional conduct inconsistent with claiming that right." Further, the court stated that, "(i)f one party genuinely believes negotiations to be ongoing, it cannot have intended to relinquish its right to appraisal unless it expressly waives that right." Finding that seven days was not a delay of sufficient length to support a finding of waiver, the Court of Appeals determined that TWIA had not waived its right to appraisal.
"A mere failure to appear is not a sufficiently affirmative act to indicate intentional relinquishment of immunity, particularly not in this case where China has consistently maintained its jurisdictional and execution immunity in diplomatic communications." 651 F.3d 296.
Supporters say a waiver is, by definition, intentional relinquishment of a known right, making the concept of an "inadvertent waiver" inherently contradictory.
The trial court documents did not show "an intentional relinquishment or abandonment" of the landowner's right to present a closing argument.