What does notwithstanding mean in law?
The word notwithstanding has a unique legal meaning. It means the opposite of what the rest of the clause says. In other words, the clause cannot apply if the thing that it says won’t happen.
If the clause says that the will cannot be revoked in the event a named beneficiary is not the sole beneficiary, then the clause is invalid if the will names more than one beneficiary. Likewise, if the will says the beneficiary of the estate must survive for a specific length of time before the estate The term notwithstanding is used in legal documents to express an exception to something.
It is often used in clauses that define or describe the terms of a contract or an agreement. The clause might say something like, “This agreement will remain in effect notwithstanding the occurrence of the following event: the death of either party.
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What does in spite of mean in law?
The phrase “in spite of” can be used to refer to what the circumstances indicate should occur. In other words, the opposite of notwithstanding is “in spite of.” The phrase “in spite of” is often used in deed construction, wills, and other legal documents.
“in spite of” is an adverb. Adverbs are words that describe verbs, adjectives, and other adverbs. Adverbs add more detail to a specific action, quality, or adjective. For example, if I say “I broke my leg running,” that sentence tells us something about the circumstances of the activity, but it doesn’t explain how my leg broke.
If I add the phrase “in spite of” before my sentence, it
What does notwithstanding mean in criminal law?
The term ‘notwithstanding’ is used in two distinct ways in criminal law – it can be used as an expletive to express contempt for the law or it can be used as a legal term. When used as a legal term, it refers to a particular legal exception to the existing rules.
For example, if a statute says a person cannot be charged with a crime unless the prosecution provides evidence that the crime took place, the phrase notwithstanding the contrary, may be used to say that The word notwithstanding is used in many legal contexts, but it is most often used in the criminal context.
The word notwithstanding is used in a criminal context when the judge is overruling a defense argument or rationale that would prevent the prosecution from going forward with the case. For example, if a criminal defendant says that the prosecution’s evidence is insufficient to support a guilty verdict, a judge can use the phrase notwithstanding the verdict.
The judge can decide to use the notwithstanding phrase to indicate that the judge
What does the word notwithstanding mean in law and contracts?
The term notwithstanding means overriding contrary to or despite. The word notwithstanding can be used in almost all legal writing, as it is often used to make a clear declaration that the previous clause is not controlling.
Depending on the context, it can express a firm intent to continue an action based on existing law or to overrule contrary or redundant laws, court decisions, or other rules. The word is also used to make clear that something is not subject to a redundant clause. The word notwithstanding is used in two different legal contexts.
It can be used to indicate an intent to override or counter something that was stated previously. For example, if you wrote a will that left your entire estate to your spouse and your spouse signed the will in your presence, you could write a codicil that states that you left your entire estate to your niece, notwithstanding the will.
This would indicate that you intended to change the will to counter the will you signed just moments before.
The word
What does the word notwithstanding mean in contract?
The word notwithstanding has a variety of different legal meanings in different circumstances. It can indicate an intention to override something, or it can indicate that something is not affected even though something else happened. For example, the phrase “notwithstanding the foregoing” means the preceding clause is no longer in effect, as if it never existed. Likewise, the phrase “notwithstanding the fact that” refers to a contradiction or an exception. The term “notwithstanding” in a contract means “in spite of.” It is a word of clear intent and, as with all contract terms, it must be used in a clear and unambiguous manner. It does not mean “if” or “as if.” The term is used in some instances when a party wants to override or preempt another part of the contract. For example, if you sign a contract with a car dealership and the sales