Alternative Pleading - Law Dictionary Search Results
Home Dictionary Name: alternative pleadingalternative pleading
alternative pleading see pleading ...
alternative
alternative 1 : alternate 2 : offering or expressing a choice [an contract] see also alternative pleading at pleading 3 : existing or functioning outside the established system ;also : different from the usual or conventional [ sentencing] n 1 : a proposition or situation offering a choice between two or more things only one of which may be chosen 2 a : one of two or more things, courses, or propositions to be chosen b : something which can be chosen instead in the alternative 1 : for or as an alternative [asked for specific performance, or in the alternative, damages of $20,000] [a new trial may be asked for in the alternative] 2 : in such a way that offers a choice [relief in the alternative…may be demanded "Federal Rules of Civil Procedure Rule 8(a)"] [plead in the alternative] ...
pleading
pleading 1 a : one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses ;also : a written document embodying such a declaration see also relation back b : any of the allegations, averments, claims, denials, or defenses set forth in a pleading alternative pleading : a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense amended pleading : a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading re·spon·sive pleading [ri-spÄ n-siv-] : a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint) sham pleading : a pleading that is factually false, is not made in good faith, and that may be struck supplemental pleading : a pleading that supplem...
Alternative
Alternative, the one or the other of two things. Where a new remedy is created in addition to an existing one, they are called alternative if only one can be enforced; but, if both, cumulative.As to alternative pleading, see R. S. C. Ord. XIX., r. 24; Ord. XX., r. 6....
plead
plead plead·ed or: pled also: plead [pled] plead·ing [Anglo-French plaider to argue in a court of law, from Old French plaid legal action, trial more at plea ] vi 1 : to make an allegation in an action or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or information before the defendant is called upon to "Kansas Statutes Annotated"] see also alternative 2 : to make a specific plea [ not guilty] ;also : to make a plea of guilty [agreed to to the lesser charge] vt 1 : to allege in or by way of a pleading : state in a pleading [unless plaintiff s and proves facts showing actual malice, he cannot recover punitive damages "Kumaran v. Brotman, 617 N.E.2d 191 (1993)"] [ a case of fraudulent conveyance] 2 : to offer as an excuse [cannot ignorance of the law] plead·able adj plead·er n ...
Pleading
Pleading. 1. In its general sense, the proceedings from the statement of claim to issue joined, i.e., the opposing statements of the parties. 2. Any part of these proceedings.The science of pleading was no doubt derived from Normandy. The use of stated forms of pleading is not to be traced among the Anglo-Saxons. Pleading was cultivated as a science in the reign of Edward I. The object of pleading is to ascertain, by the production of an issue, the subject for decision. Before the Judicature Acts, pleading under the Judicature Act is intended to combine the advantages of the two systems; it being provided by R.S.C. 1883, Ord. XIX., Rule 4, that 'every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies; but not the evidence by which they are to be proved,' and 'shall, when necessary, be divided into paragraphs numbered consecutively.' Consult Bullen and Leake, or Odgers on Pleading.A pleading has to be read as...
alternate
alternate 1 : occurring or succeeding by turns 2 : being an alternative [ juror] n 1 : alternative 2 : one that substitutes for another [twelve jurors and three s] ...
alternative dispute resolution (adr)
alternative dispute resolution (adr) Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation. ...
ADR
ADR 1 administrative dispute resolution, alternative dispute resolution 2 asset depreciation range ...
Double pleading
Double pleading. This was not allowed either in the declaration or subsequent pleadings. Its meaning with respect to the former was, 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 was that none of them was to contain several distinct answers to that which preceded it; and the reason of the rule in each case was, that such pleading tended to several issues in respect of a single claim. See Steph. Plead., pp. 313 et seq...
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