Pleading - Law Dictionary Search Results
Home Dictionary Name: pleading Page: 3 Page 3 of about 415 results (0.002 seconds)pleadings
pleadings in a civil case, the written statements of the parties stating their positions about the case. Source: Federal Judicial Center ...
Plead
Plead, to make an allegation in a cause; also to argue a cause in Court....
Issue
Issue [fr. exitus, Lat.], used in several senses:-(1) The legitimate offspring of parents. The word 'issue' in a will was either a word of purchase or of limitation, as would best answer the intention of the testator; and for the effect of the word in the case of a deed, see Norton on Deeds. Now the rule in Shelley's case (q.v.), having been abolished by s. 131, in instruments made or in wills upon death after 1925, 'issue' will be construed as a word of pur-chase [(English) Law of Property Act, 1925, s. 131], and s. 130, by implication abolishes the rule in Wild's case, (1599) 6 Co Rep 16 b, 17 a (q.v.), in such cases, 2 Fonbl. Eq. 69.(2) The profits arising from lands or tenements, amerciaments, or fines.(3) Event, consequence, evacuation, sending forth.(4) The point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies.It is provided by the present rules of pleading that the plaintiff by his reply may join...
General issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply to state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J.In civil matters this mode of pleading is abolished by R.S. C. 1883, Ord. XXV., r. 1, but subsequent rules of the same Order allow points of law raised on the pleading of any party to be disposed of before trial by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action.In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is allowed to be true, but the defendant takes exception in point of law to the sufficient of the indictment or informati...
Departure
Departure [fr. decessus, Lat.], in pleading, when a party deserts the ground that he took in his last antecedent pleading and resorts to another.The rule against departure was necessary to prevent the retardation of the issue.By R.S.C. 1883, Ord. XIX., r. 16, it is ordered that 'no pleading, not being a petition or summons, shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.'Departure with its grammatical variations and cognate expressions, means departure from India by water, land or air. [Passports Act, 1967 (15 of 1967), s. 2 (a)]...
Going to the Country
Going to the Country. When a party, under the system of pleading before the Common Law Procedure Act, finished his pleading by the words, 'and of this he puts himself upon his country,' meaning that he intended to take the verdict of a jury upon the issue of fact; this was called 'going to the country.' It was the essential termination to a pleading which took issue upon a material fact in the preceding pleading. See VERIFICATION....
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 some matter of fact alleged in a pleading, whether in an action or in criminal prosecutions. See PLEADING; STATEMENT OF DEFENCE.Means one who traverses or denies a pleading, Black's Law Dictionary, 7th Edn., p. 1507....
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Modo et forma
Modo et forma (in manner and form), 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 the opposite party to prove it to be true in manner and form as well as in general effect. The plea of non est factum, and the replication de injuria (now abolished), were the only negative traverses not pleaded modo et forma. These words were in no case strictly essential, so as to render their omission a cause of demurrer. See now PLEADING....
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