Implied consent

Implied consent

Implied consent is a form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). The term is most commonly encountered in the context of United States drunk driving laws.

Implied consent and driving while intoxicated

Most U.S. states have driver licensing laws which state that a licensed driver has given his implied consent to a field sobriety test and/or a Breathalyzer or similar manner of determining blood alcohol concentration. These laws have generally been upheld by courts as a valid exercise of the states' police power, against challenges under the Fourth Amendment (as a reasonable search and seizure) and Fifth Amendment (as not violative of the right against self-incrimination). This is largely because in the United States, driving is considered a privilege rather than a right, and the state has a legitimate interest in keeping dangerously intoxicated drivers off the road, to prevent injury, property damage, and loss of life. In most states, however, the police must have reasonable grounds for administering a sobriety test. [http://law.jrank.org/pages/7507/Implied-Consent.html Article from Thompson-Gale Legal Encyclopedia, courtesy of Jrank] ]

Implied consent in other contexts

Court procedure

Typically, a party has the right to object in court to a line of questioning or at the introduction of a particular piece of evidence. If the party fails to object in a timely fashion, he is deemed to have waived his right to object and cannot raise the objection on appeal. This is a form of implied consent.

pousal rape

In many common law jurisdictions, a woman who got married was deemed to have given her husband "implied consent" to have sex with her, a doctrine which barred prosecution of a husband for the rape of his wife. This doctrine is now considered obsolete in most countries. [See e.g. "R v R" [1992] 1 AC 599]

References

External links

* [http://www.lectlaw.com/def/i011.htm Definition of Implied Consent Laws from Lectric Law Library]


Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • implied consent — index acquiescence Burton s Legal Thesaurus. William C. Burton. 2006 implied consent …   Law dictionary

  • implied consent — noun a) The assumed agreement that a person would approve a course of action if asked, when that person is not presently able to be asked. The man was unconscious, but the paramedics had his implied consent to treat him. b) Consent given by… …   Wiktionary

  • implied consent — consent which is understood without being explicitly stated …   English contemporary dictionary

  • implied consent — That manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption or inference that the consent has been given. An inference arising from a course of conduct or relationship between the parties, in which there is… …   Black's law dictionary

  • implied consent — That manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption or inference that the consent has been given. An inference arising from a course of conduct or relationship between the parties, in which there is… …   Black's law dictionary

  • implied consent — Law. a manifestation of consent to something through conduct, including inaction or silence. [1965 70] * * * …   Universalium

  • implied consent — Law. a manifestation of consent to something through conduct, including inaction or silence. [1965 70] …   Useful english dictionary

  • implied consent — Acquiescence. By the prosecutrix in a prosecution for rape:–conduct of such nature as to create in the mind of the accused an honest and reasonable belief of free submission to the carnal act, 44 Am J1st Rape § 12; failure to oppose the carnal… …   Ballentine's law dictionary

  • implied — im·plied /im plīd/ adj: not directly or specifically made known (as in the terms of a contract); specif: recognized (as by a court) as existing by reason of an inference and esp. on legal or equitable grounds for breach of implied covenants in… …   Law dictionary

  • consent — con·sent n 1 a: compliance in or approval of what is done or proposed by another; specif: the voluntary agreement or acquiescence by a person of age or with requisite mental capacity who is not under duress or coercion and usu. who has knowledge… …   Law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”