Personal jurisdiction[edit]

In the case of Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694
(1982) the United States Supreme Court decided that when a court orders a party to produce proof
on a certain point, and that party refuses to comply with the court's order, the court may deem that
refusal to be a waiver of the right to contest that point and assume that the proof would show
whatever the opposing party claims that it would.
In that court case, the defendant had argued that the court lacked personal jurisdiction over it but
refused a court order to produce evidence of this lack of jurisdiction. The defendant argued that,
because the court lacked jurisdiction, the court had no authority to issue an order to show proof of
the lack of jurisdiction. The Supreme Court rejected that argument and determined that the
defendant's refusal to comply waived the right to contest jurisdiction, just as if it had never contested
jurisdiction at all.
Illegal waiver or agreement[edit]
In US states such as California, a waiver is not lawful when it is contrary to an express provision of
law, its implicit policy, or good morals.[4] Furthermore, one cannot waive responsibility for violation of
law, willful injury to a person or property of another, for fraud, or waive their residential tenant
rights.[5][6]

See also[edit]
 Disclaimer
 Due process
 Estoppel
 Illegal agreement
 Loan waiver
 Tort reform
 Waiver and forfeiture

References[edit]
1. Jump up^ Financial Debate Renews Scrutiny on Banks’ Size.
New http://mobile.nytimes.com/2017/08/02/us/politics/those-call Times.
2. Jump up^ Waivers. Medicaid.gov.
3. Jump up^ Insurance Law - Difference Between Non-waiver Agreement and Reservation of Rights.
John Reilly & Associates.
4. Jump up^ CAL. CIV. CODE § 1667: That is not lawful which is: 1. Contrary to an express provision of
law; 2. Contrary to the policy of express law, though not expressly prohibited; or, 3. Otherwise
contrary to good morals.
5. Jump up^ CAL. CIV. CODE § 1668: All contracts which have for their object, directly or indirectly, to
exempt any one from responsibility for his own fraud, or willful injury to the person or property of
another, or violation of law, whether willful or negligent, are against the policy of the law.
6. Jump up^ CAL. CIV. CODE § 1953: (a) Any provision of a lease or rental agreement of a dwelling by
which the lessee agrees to modify or waive any of the following rights shall be void as contrary to
public policy: (1) His rights or remedies under Section 1950.5 or 1954. (2) His right to assert a cause
of action against the lessor which may arise in the future. (3) His right to a notice or hearing required
by law. (4) His procedural rights in litigation in any action involving his rights and obligations as a
tenant. (5) His right to have the landlord exercise a duty of care to prevent personal injury or personal
property damage where that duty is imposed by law. (b) Any provision of a lease or rental agreement
of a dwelling by which the lessee agrees to modify or waive a statutory right, where the modification or
 waiver is not void under subdivision (a) or under Section 1942.1, 1942.5, or 1954, shall be void as
contrary to public policy unless the lease or rental agreement is presented to the lessee before he
takes actual possession of the premises. This subdivision does not apply to any provisions modifying
or waiving a statutory right in agreements renewing leases or rental agreements where the same
provision was also contained in the lease or rental agreement which is being renewed. (c) This section
shall apply only to leases and rental agreements executed on or after January 1, 1976.
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 Civil procedure
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