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Legal Terms - declaration
1. (Relating to evidence law) an untrue declaration, whether made orally or in writing. The phrase is mostly used in reference to specific categories of extrajudicial declarations that are customarily accepted as an exemption to the general prohibition against *hearsay evidence; these categories include *pedigree* declarations and *statements regarding public or general rights.
2. An optional remedy in which the High Court determines a person's rights, duties, or legal status. Although a declaration cannot be directly enforced, it is often sought in public law (e.g., to test a claim that a decision made by an administrative authority, tribunal, or inferior court is *ultra vires), as well as private law (e.g., to answer a question as to nationality or rights under a will). Under both public and private law, the petitioner must demonstrate standing, or that the matter directly concerns him.
1. (Relating to evidence law) an untrue declaration, whether made orally or in writing. The phrase is mostly used in reference to specific categories of extrajudicial declarations that are customarily accepted as an exemption to the general prohibition against *hearsay evidence; these categories include *pedigree* declarations and *statements regarding public or general rights.
2. An optional remedy in which the High Court determines a person's rights, duties, or legal status. Although a declaration cannot be directly enforced, it is often sought in public law (e.g., to test a claim that a decision made by an administrative authority, tribunal, or inferior court is *ultra vires), as well as private law (e.g., to answer a question as to nationality or rights under a will). Under both public and private law, the petitioner must demonstrate standing, or that the matter directly concerns him.
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