Fact Pleading - Law Dictionary Search Results
traverse
traverse : a denial of a matter of fact alleged in the opposing party's pleadings ;also : a pleading in which such a denial is made [trə-vərs,
Modo et forma
a phrase formerly used in pleading. It was the nature of a traverse to deny the matter of fact in the adverse pleading in the manner and form in which it was alleged, and, therefore, to put
Non assumpsit
which occurred in the action of assumpsit or promises. This plea operated as a denial in point of fact of the existence of any express promise to the effect alleged in the declaration, or of the matters … 7th ed. 154, 160. See, too, as to the effect of the plea, Bullen and Leake's Prec. of Pleadings.
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Traverse
Traverse, means a formal detail of a factual allegations made in the opposing party's pleading, Black's Law Dictionary, 7th Edn., p. 1406. Traverse, the denial of
judgment
party's motion when the pleadings, discovery, and any affidavits show that there is no genuine issue of material fact and that the party is entitled to judgment in its favor as a matter of law NOTE: According … by a court after an entry of default against a party for failure to appear, to file a pleading, or to take other required procedural steps called also judgment by default compare decree pro confesso at decree
De jure judices de facto juratores respondent
the jury to the fact.) A fundamental rule of the Common Law, upon which the whole system of pleading was built. 'It is of the greatest consequence,' said Lord Hardwicke, 'to the law of England, and also … De jure judices de facto juratores respondent. (The judges answer to the law, the jury to the fact.) A fundamental rule of the
Circuity of action
back from the plaintiff the same sum which the plaintiff sought to recover, the defendant might plead the facts which constitute such right as a defence, in order to avoid circuity of action, Bullen & Leake, Prec. … to recover back from the plaintiff the same sum which the plaintiff sought to recover, the defendant might plead the facts which constitute such right as a defence, in order to avoid circuity of action, Bullen &
avoid
the debtor in property "U.S. Code"] 2 : to respond to (an allegation or averment) by declaring that facts alleged do not result in liability [averments in a pleading to which no responsive pleading is required or
Preliminary point
only as may be pleaded in bar of a suit but comprehends all points or issues, whether of facts or law, determination of which has precluded the necessity for determining other points or issues which have, therefore, … Preliminary point, is not confined to such legal points only as may be pleaded in bar of a suit but comprehends all points or issues, whether of facts or law, determination of
Question of limitation
Question of limitation, is a mixed question of fact and law and the suit does not appear to be barred by limitation on the face of it, … be barred by limitation on the face of it, then the facts necessary to prove limitation must be pleaded, an issue raised and then proved, Narne Rama Murthy v. Ravula Somasundarm, (2005) 6 SCC 614.
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