Responsive Pleading - Law Dictionary Search Results
responsive pleading
Matched in: Term responsive pleading
answer
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
avoid
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)"]
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Reply
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.), … Reply, the response of the opening counsel on a trial, which is only allowed when evidence has been given in answer
Macnaughton's Case, 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
burden
[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 … 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
Lunatic
prisoners to be removed from prison to asylums [(English) Criminal Lunatics Act, 1884, s. 2]. See Archbold's Crim. Pleading, etc. As to Scotland, see the (English) Lunacy (Scotland) Acts of 1857, 1862 and 1866, the (English) Mental … As to their liability for tortious acts, see Clerk and Lindsell, 7th Edn. P. 45.As to the criminal responsibility of insane persons, see MACNAUGHTON'S CASE, RULES IN. A jury may return the special verdict that a prisoner
Breach of trust
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 … be excused, to discharge him from liability. Further, the Trustee Act, 1888, s. 8, allows a trustee to plead the Statute of Limitations except incases of fraud or if he has not benefited by the breach of
stipulate
"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) by agreement during
Waiver
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
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