Русско-англо-русский юридический словарь

Express consent is clearly and unmistakably stated, rather than implied. It may be given in writing, by speech (orally), or non-verbally, e.g. by a clear gesture such as a nod. Non-written express consent not evidenced by witnesses or an audio or video recording may be disputed if a party denies that it was given. (Wikipedia)

The question that Wellness left for the lower courts is, in the absence of a party’s express consent, what type of conduct will constitute implied consent sufficient to waive the constitutional right to have an Article III court—a district court—decide a claim? (mondaq.com)