Responsive Pleading - Law Dictionary Search Results
Home Dictionary Name: responsive pleading Page 1 of about 12 results ( seconds)responsive pleading
responsive pleading see pleading ...
answer
answer 1 : the defendant's written response to the plaintiff's complaint in a civil suit in which he or she may deny any of plaintiff's allegations, offer any defenses, and make any counterclaims against the plaintiff, cross-claims against other defendants, or third-party claims against third parties otherwise not involved in the lawsuit 2 : a written response to a counterclaim, cross-claim, or third-party claim : reply see also responsive pleading at pleading NOTE: In federal cases, answers are governed by Rule 12 of the Federal Rules of Civil Procedure. Under Rule 12, certain defenses (as lack of jurisdiction) may be made by motion rather than included in the answer. vi 1 : to serve or file an answer 2 : to make oneself responsible or accountable (as for the debt of another) vt 1 : to reply to in an answer [ the complaint] 2 : to make a defense against (as a charge or accusation) an·swer·able adj ...
avoid
avoid [modification of Old French esvuider to destroy, literally, to empty, from es- out + vuider to empty] 1 : to make void or undo : annul [the trustee may any transfer of interest of 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 permitted shall be taken as denied or ed "Federal Rules of Civil Procedure Rule 8(d)"] see also confession and avoidance compare deny 3 : to prevent the occurrence of or responsibility for esp. through lawful means [ a tax] compare evade avoid·abil·i·ty n avoid·able adj avoid·ance n ...
Reply
Reply, the response of the opening counsel on a trial, which is only allowed when evidence has been given in answer to the case first stated, except in the case of the Crown, which is always entitled to reply. See Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), which applies to civil as well as criminal cases.Also the pleading of the plaintiff which follows the defendant's statement of his defence or counter-claim (see R.S.C. 1883, Ord. XXIII.), by which (r. 1), where plaintiff desires to deliver a reply, he shall deliver it within seven days from the delivery of the defence; (r. 2), when a counterclaim is pleaded, a reply thereto shall be subject to the rules applicable to defences. See ISSUE and PLEADING.In federal practice, the plaintiff's response to the defendant's counterclaim (or, by court order, to the defendant's or a third party answer), Black's Law Dictionary, 7th Edn., p. 1302....
Macnaughton's Case, Rules in
Macnaughton's Case, Rules in [4 St. Tr. (N.S.) 847]. A discussion took place in the House of Lords upon the direction to the jury by Tindal, C.J., in the trial of Macnaughton, and as a result a series of questions were put to the judges. The answers of the majority constitute 'the rules in Macnaughton's case,' and have been accepted as laying down the law as to insanity with reference to criminal responsibility. See Archbold, Crim. Pleading, etc., 25th Edn., p. 15 et seq. The rules have been the subject of much discussion and criticism by political, medical, and legal writers (see, for example, Lord Birkenhead's letter to The Times, May 26th, 1924). The main rule which is laid down is, that in order to establish a defence on the ground of insanity, it must be proved that, at the time of the committing of the act, the person accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it,...
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Waiver
Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115]Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent, and the fact that the other party has acted on it is s...
burden
burden 1 : something that is a duty, obligation, or responsibility [the prosecution has the of proving every element of the offense] [the statute imposes undue s] [ of pleading the necessary elements] 2 : burden of proof [the husband had not carried his on the insanity issue "Case & Comment"] ...
stipulate
stipulate -lat·ed -lat·ing [Latin stipulatus, past participle of stipulari to exact (as from a prospective debtor) a formal guarantee when making an oral contract] vi 1 : to make an agreement or covenant about something (as damages) 2 : to demand a particular promise in an agreement used with for [may…assume or for obligations of all kinds "Louisiana Civil Code"] 3 : to agree respecting an aspect of legal proceedings used with to [stipulated to a dismissal of the claim with prejudice "National Law Journal"] [pleaded guilty to the charge of battery and stipulated to the underlying facts "Luna v. Meinke, 844 F. Supp. 1284 (1994)"] vt 1 : to specify esp. as a condition or requirement of an agreement [parties may not the invalidity of statutes or ordinances "West v. Bank of Commerce & Trusts, 167 F.2d 664 (1948)"] [the contract stipulated that the lessor was responsible for maintenance] [within a stipulated period of time] 2 : to establish (procedure or evidence...
Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
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