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DELIBERATION

The act of the understanding by which the party examines whether a thing proposed ought to be done or not to be done, or whether it ought to be done in one manner or another. The deliberation relates to the end proposed, to the means of accomplishing that end, or to both.

It is a presumption of law that all acts committed are done with due deliberation; that the party intended to do what he has done. But he may show the contrary. In contracts, for example, he may show he has been taken by surprise; and when a criminal act is charged, he may prove that it was an accident and not deliberate, that in fact there was no intention or will.

Legislation. The council which is held touching some business in an assembly having the power to act in relation to it. In deliberative assemblies, it is presumed that each member will listen to the opinions and arguments of the others before he arrives at a conclusion.

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