Legal Term Dictionary

The peculiar science ot system of rules and principles, established in the common law, according to which the pleading or responsive allegations of litigating parties are framed, with a view to preserve technical propriety and to produce a proper Issue. The process performed by the parties to a suit or More...

The peculiar science ot system of rules and principles, established in the common law, according to which the pleading or responsive allegations of litigating parties are framed, with a view to preserve technical propriety and to produce a proper Issue. The process performed by the parties to a suit or action, in alternately presenting written statements of their contention, each responsive to that which precedes, and each serving to narrow the field of controversy, until there evolves a single point, affirmed on one side and denied on the other, called the tissue," upon which they then go to trial. The act or step of interposing any one of the pleadings in a cause, but particularly one on the part of the defendant; and, in the strictest sense, one which sets up allegations of fact in defense to the action. The name "a pleading" is also given to any one of the formal written statements of accusation or defense presented by the parties alternately in an action at law; the-aggregate of such statements filed in any one cause are termed "the pleadings." - The oral advocacy of a client's cause in court, by his barrister or counsel, is sometimes called "pleading;" but this.Is a popular, rather than technical, use. In chancery practice. Consists in making the formal written allegations or statements of the respective parties on the record to maintain the suit, or to defeat it of which, when contested in matters of fact they propose to offer proofs, and in matters of law to offer arguments to the court. Story. Bq. PI- f 4, note. -Double pleading;. This Is not allowed either in the declaration or subsequent pleadings. Its meaning with respect to the former is that the declaration must not, in support of a single demand, allege several distinct matters, by any one of which that demand is sufficiently supported. With respect to the subsequent pleadings, the meaning is that none of them is to contain several distinct answers to that which preceded it; and the reason of the rule in each case is that such pleading tends to several issues in resnect of a single claim. Wharton.-Special pleading. When the allegations (or "pleadings," as they are called) of the contending parties in an action are not of the general or ordinary form, but are of a more complex or special character, they are denominated "special pleadings;" and, when a defendant pleads a plea of this description, (t. e., a special plea.) -be is said to plead specially, in opposition to pleading the general issue. These terms have given rise to the popular denomination of that science which, though properly called "pleading," is generally known by the name of "special pleading." Brown. The allegation of special or new matter ia opposition or explanation of the last previous averments on the other side, as distinguished from a direct denial of matter previously alleged by the opposite party. Gould, PL c 1, 11& la popuUi language^ the adroit and plausible advocacy of a client's case in court' Stiuison, Law Gloss. Less...

The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the court. Code Civ. Proc. Cal. i 420. The individual allegations of the respective parties to an action at common law/ proceeding from them alternately, in the order and under the More...

The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the court. Code Civ. Proc. Cal. i 420. The individual allegations of the respective parties to an action at common law/ proceeding from them alternately, in the order and under the distinctive names following: The plaintiffs declaration, the defendant's plea, the plaintiffs replication, the defendant's rejoinder, the plaintiffs surrejoinder, the defendant's rebutter, the plaintiffs surrebutter; after which they have no distinctive names. Burrill. The term "pleadings" has* a technical and well-defined meaning. Pleadings are written allegations of what is affirmed on .the one side, or denied on the other, disclosing to the court or jury having to try the cause the Teal matter in dispute between the parties. Desnoyer v, Hereux, 1 Minn. 17 (Gil. 1). Less...

In old English ecclesiastical law. A rural dean. Cowell.

In old English ecclesiastical law. A rural dean. Cowell. Less...

One who Is classed among the common people, as distinguished from the nobles.

One who Is classed among the common people, as distinguished from the nobles. Less...

The common or meaner sort of people; the plebeians.

The common or meaner sort of people; the plebeians. Less...

In Spanish law. Commons ; those who exercise any trade, or who cultivate the soil. White, New Recop. h. 1, tit 5, c. 8, f 6, and note.

In Spanish law. Commons ; those who exercise any trade, or who cultivate the soil. White, New Recop. h. 1, tit 5, c. 8, f 6, and note. Less...

In old records. A mother church.

In old records. A mother church. Less...

In modern constitutional law, the name "plebiscite" has been given to a vote of the entire people, (that is, the aggregate of the enfranchised individuals composing a state or nation,) expressing their choice for or against a proposed law or enactment, submitted to tfcem, and which. If adopted, will work More...

In modern constitutional law, the name "plebiscite" has been given to a vote of the entire people, (that is, the aggregate of the enfranchised individuals composing a state or nation,) expressing their choice for or against a proposed law or enactment, submitted to tfcem, and which. If adopted, will work a radical change in the constitution, or which is beyond the powers of the regular legislative body. The proceeding is extraordinary, and is generally revolutionary in its character; an example of which may be seen in the plebiscites submitted to the French .people by Louis Na? poleon, whereby the Second Empire was esj-tablished. But the "principle of the plebiscite has been incorporated in the modern Swiss constitution, (under the name of "referendum,99) by which a revision of the constitution must be undertaken when demanded by the vote of fifty thousand Swiss citizens. Maine, Popular Govt 40, 96. Less...

Lat. In Roman law. A law enacted by the plebs or commonalty, (that is, the citizens, with the exception of the patricians and senators,) at the request or on the proposition of a plebeian magistrate, such as a "tribune." Inst 1, 2, 4.

Lat. In Roman law. A law enacted by the plebs or commonalty, (that is, the citizens, with the exception of the patricians and senators,) at the request or on the proposition of a plebeian magistrate, such as a "tribune." Inst 1, 2, 4. Less...

Lat. In Roman law. The commonalty or citizens, exclusive of the patricians and senators. Inst 1, 2, 4.

Lat. In Roman law. The commonalty or citizens, exclusive of the patricians and senators. Inst 1, 2, 4. Less...