This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.
Massachusetts Express Waiver
State:
Massachusetts
Control #:
MA-H-SP-010
Format:
PDF
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FAQ
A waiver is a legal agreement the primary purpose of which is to let you or another party modify or relinquish a right, privilege, or claim. The agreement can be a separate document on its own, such as if you sign a waiver form, or added to a contract as a waiver clause.
A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.
1 : the act of intentionally relinquishing or abandoning a known right, claim, or privilege also : the legal instrument evidencing such an act.
Terms: Waiver: A voluntary and intentional relinquishment of a known right.An express waiver requires a writing or a statement of waiver. An implied waiver can occur simply by some action, where such action indicates one's intention to waive the rights.
1. The Legal Definition of a Tahl Waiver Under California Law. Sometimes in the California criminal court process, a defendant will decide to plead guilty or no contest to a criminal charge or charges. If he does, he must waive certain constitutional rights. A waiver of these rights is known as a Tahl waiver.
The definition of a waiver is the act of voluntarily giving up rights or privileges, usually through a written statement. An example of waiver is a person signing a form releasing the owners of an event location from liability if the person signing the waiver was injured while at the event.
Essentially, a waiver removes a real or potential liability for the other party in the agreement. For example, in a settlement between two parties, one party might, by means of a waiver, relinquish its right to pursue any further legal action once the settlement is finalized.
A witness can waive the right to invoke the Fifth by later making statements about the topic in question. For example, if a witness invokes the Fifth, but goes on to selectively answer questions about the same subject matter, a judge might decide that the later answers vitiated the initial waiver.
Plea Bargaining: Areas of Negotiation Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.