| slovo | definícia |
pleading
(encz) | pleading,naléhavý adj: Zdeněk Brož |
pleading
(encz) | pleading,prosebný adj: Zdeněk Brož |
pleading
(encz) | pleading,úpěnlivý adj: Zdeněk Brož |
Pleading
(gcide) | Plead \Plead\, v. t. [imp. & p. p. Pleaded (colloq. Pleador
Pled); p. pr. & vb. n. Pleading.] [OE. pleden, plaiden,
OF. plaidier, F. plaider, fr. LL. placitare, fr. placitum.
See Plea.]
1. To argue in support of a claim, or in defense against the
claim of another; to urge reasons for or against a thing;
to attempt to persuade one by argument or supplication; to
speak by way of persuasion; as, to plead for the life of a
criminal; to plead with a judge or with a father.
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O that one might plead for a man with God, as a man
pleadeth for his neighbor! --Job xvi. 21.
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2. (Law) To present an answer, by allegation of fact, to the
declaration of a plaintiff; to deny the plaintiff's
declaration and demand, or to allege facts which show that
ought not to recover in the suit; in a less strict sense,
to make an allegation of fact in a cause; to carry on the
allegations of the respective parties in a cause; to carry
on a suit or plea. --Blackstone. Burrill. Stephen.
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3. To contend; to struggle. [Obs.] --Chaucer.
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Pleading
(gcide) | Pleading \Plead"ing\, n.
The act of advocating, defending, or supporting, a cause by
arguments.
[1913 Webster] |
pleading
(wn) | pleading
adj 1: begging [syn: beseeching, pleading, imploring]
[ant: imperative]
n 1: (law) a statement in legal and logical form stating
something on behalf of a party to a legal proceeding |
PLEADING
(bouvier) | PLEADING, practice. The statement in a logical, and legal form, of the facts
which constitute the plaintiff's cause of action, or the defendant's ground
of defence; it is the formal mode of alleging that on the record, which
would be the support, or the defence of the party in evidence. 8 T. R. 159;
Dougl. 278; Com. Dig. Pleader, A; Bac. Abr. Pleas and Pleading; Cowp. 682-3.
Or in the language of Lord Coke, good pleading consists in good matter
pleaded in good form, in apt time, and due order. Co. Lit. 303. In a general
sense, it is that which either party to a suit at law alleges for himself in
a court, with respect to the subject-matter of the cause, and the mode in
which it is carried on, including the demand which is made by the plaintiff;
but in strictness, it is no more than setting forth those facts or arguments
which show the justice or legal sufficiency of the plaintiff's demand, and
the defendant's defence, without including the statement of the demand
itself, which is contained in the declaration or count. Bac. Abr. Pleas and
Pleading.
2. The science of pleading was designed only to render the facts of
each party's case plain and intelligible, and to bring the matter in dispute
between them to judgment. Steph. Pl. 1. It is, as has been well observed,
admirably calculated for analyzing a cause, and extracting, like the roots
of an equation, the true points in dispute; and referring them with all
imaginable simplicity, to the court and jury. 1 Hale's C. L. 301, n
3. The parts of pleading have been considered as arrangeable under two
heads; first, the regular, or those which occur, in the ordinary course of a
suit; and secondly, the irregular, or collateral, being those which are
occasioned by mistakes in the pleadings on either side.
4. The regular parts are, 1st. The declaration or count. 2d. The plea,
which is either to the jurisdiction of the court, or suspending the action,
a's in the case of a parol demurrer, or in abatement, or in bar of the
action, or in replevin, an avowry or cognizance. 3d. The replication, and,
in case of an evasive plea, a new assignment, or in replevin the plea in bar
to the avowry or cognizance. 4th. The rejoinder, or, in replevin, the
replication to the plea in bar. 5th. The sur-rejoinder, being in replevin,
the rejoinder. 6th. The rebutter. 7th. The sur-rebutter. Vin. Abr. Pleas and
Pleading, C; Bac. Abr. Pleas and Pleadings, A. 8th. Pleas puis darrein
continuance, when the matter of defence arises pending the suit.
6. The irregular or collateral parts of Pleading are stated to be, 1st.
Demurrers to any art of the pleadings above mentioned. 2dly. Demurrers to
evidence given at trials. 3dly. Bills of exceptions. 4thly. Pleas in scire
facias. And, 5thly. Pleas in error. Vin. Abr. Pleas and Pleadings, C.; Bouv.
Inst. Index, h.t.
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PLEADING
(bouvier) | PLEADING, SPECIAL. By special pleading is meant the allegation of special or
new matter, as distinguished from a direct denial of matter previously
alleged on the opposite side. Gould on Pl. c. 1, s. 18.
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| | podobné slovo | definícia |
defective pleading
(encz) | defective pleading, n: |
judgement on the pleadings
(encz) | judgement on the pleadings, n: |
judgment on the pleadings
(encz) | judgment on the pleadings, n: |
pleading
(encz) | pleading,naléhavý adj: Zdeněk Brožpleading,prosebný adj: Zdeněk Brožpleading,úpěnlivý adj: Zdeněk Brož |
pleading in the alternative
(encz) | pleading in the alternative, n: |
pleadingly
(encz) | pleadingly,úpěnlivě adv: Zdeněk Brož |
special pleading
(encz) | special pleading, n: |
Impleading
(gcide) | Implead \Im*plead"\, v. t. [imp. & p. p. Impleaded; p. pr. &
vb. n. Impleading.] [Cf. Emplead.] (Law)
To institute and prosecute a suit against, in court; to sue
or prosecute at law; hence, to accuse; to impeach.
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Mispleading
(gcide) | Mispleading \Mis*plead"ing\, n. (Law)
An error in pleading.
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Pleadingly
(gcide) | Pleadingly \Plead"ing*ly\, adv.
In a pleading manner.
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Pleadings
(gcide) | Pleadings \Plead"ings\, n. pl. (Law)
The mutual pleas and replies of the plaintiff and defendant,
or written statements of the parties in support of their
claims, proceeding from the declaration of the plaintiff,
until issue is joined, and the question made to rest on some
single point. --Blackstone.
[1913 Webster] |
Special pleading
(gcide) | Special \Spe"cial\, a. [L. specialis, fr. species a particular
sort, kind, or quality: cf. F. sp['e]cial. See Species, and
cf. Especial.]
1. Of or pertaining to a species; constituting a species or
sort.
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A special is called by the schools a "species". --I.
Watts.
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2. Particular; peculiar; different from others;
extraordinary; uncommon.
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Our Savior is represented everywhere in Scripture as
the special patron of the poor and the afficted.
--Atterbury.
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To this special evil an improvement of style would
apply a special redress. --De Quincey.
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3. Appropriate; designed for a particular purpose, occasion,
or person; as, a special act of Parliament or of Congress;
a special sermon.
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4. Limited in range; confined to a definite field of action,
investigation, or discussion; as, a special dictionary of
commercial terms; a special branch of study.
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5. Chief in excellence. [Obs.]
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The king hath drawn
The special head of all the land together. --Shak.
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Special administration (Law), an administration limited to
certain specified effects or acts, or one granted during a
particular time or the existence of a special cause, as
during a controversy respecting the probate of a will, or
the right of administration, etc.
Special agency, an agency confined to some particular
matter.
Special bail, Bail above, or Bail to the action (Law),
sureties who undertake that, if the defendant is
convicted, he shall satisfy the plaintiff, or surrender
himself into custody. --Tomlins. --Wharton (Law Dict.).
Special constable. See under Constable. --Bouvier.
Special damage (Law), a damage resulting from the act
complained of, as a natural, but not the necessary,
consequence of it.
Special demurrer (Law), a demurrer for some defect of form
in the opposite party pleading, in which the cause of
demurrer is particularly stated.
Special deposit, a deposit made of a specific thing to be
kept distinct from others.
Special homology. (Biol.) See under Homology.
Special injuction (Law), an injuction granted on special
grounds, arising of the circumstances of the case.
--Daniell.
Special issue (Law), an issue produced upon a special plea.
--Stephen.
Special jury (Law), a jury consisting of persons of some
particular calling, station, or qualification, which is
called upon motion of either party when the cause is
supposed to require it; a struck jury.
Special orders (Mil.), orders which do not concern, and are
not published to, the whole command, such as those
relating to the movement of a particular corps, a detail,
a temporary camp, etc.
Special partner, a limited partner; a partner with a
limited or restricted responsibility; -- unknown at common
law.
Special partnership, a limited or particular partnership;
-- a term sometimes applied to a partnership in a
particular business, operation, or adventure.
Special plea in bar (Law), a plea setting forth particular
and new matter, distinguished from the general issue.
--Bouvier.
Special pleader (Law), originally, a counsel who devoted
himself to drawing special counts and pleas; in a wider
sense, a lawyer who draws pleadings.
Special pleading (Law), the allegation of special or new
matter, as distingiushed from a direct denial of matter
previously alleged on the side. --Bouvier. The popular
denomination of the whole science of pleading. --Stephen.
The phrase is sometimes popularly applied to the specious,
but unsound, argumentation of one whose aim is victory,
and not truth. --Burrill.
Special property (Law), a qualified or limited ownership
possession, as in wild animals, things found or bailed.
Special session, an extraordinary session; a session at an
unusual time or for an unusual purpose; as, a special
session of Congress or of a legislature.
Special statute, or Special law, an act of the
legislature which has reference to a particular person,
place, or interest; a private law; -- in distinction
from a general law or public law.
Special verdict (Law), a special finding of the facts of
the case, leaving to the court the application of the law
to them. --Wharton (Law Dict.).
[1913 Webster]
Syn: Peculiar; appropriate; specific; dictinctive;
particular; exceptional; singular. See Peculiar.
[1913 Webster] |
affirmative pleading
(wn) | affirmative pleading
n 1: any defensive pleading that affirms facts rather than
merely denying the facts alleged by the plaintiff |
alternative pleading
(wn) | alternative pleading
n 1: a pleading that alleges facts so separate that it is
difficult to determine which facts the person intends to
rely on [syn: alternative pleading, {pleading in the
alternative}] |
defective pleading
(wn) | defective pleading
n 1: any pleading that fails to conform in form or substance to
minimum standards of accuracy or sufficiency |
judgement on the pleadings
(wn) | judgement on the pleadings
n 1: a judgment rendered by the court prior to a verdict because
no material issue of fact exists and one party or the other
is entitled to a judgment as a matter of law [syn: {summary
judgment}, summary judgement, {judgment on the
pleadings}, judgement on the pleadings] |
judgment on the pleadings
(wn) | judgment on the pleadings
n 1: a judgment rendered by the court prior to a verdict because
no material issue of fact exists and one party or the other
is entitled to a judgment as a matter of law [syn: {summary
judgment}, summary judgement, {judgment on the
pleadings}, judgement on the pleadings] |
pleading
(wn) | pleading
adj 1: begging [syn: beseeching, pleading, imploring]
[ant: imperative]
n 1: (law) a statement in legal and logical form stating
something on behalf of a party to a legal proceeding |
pleading in the alternative
(wn) | pleading in the alternative
n 1: a pleading that alleges facts so separate that it is
difficult to determine which facts the person intends to
rely on [syn: alternative pleading, {pleading in the
alternative}] |
pleadingly
(wn) | pleadingly
adv 1: in a beseeching manner; "`You must help me,' she said
imploringly" [syn: beseechingly, importunately,
imploringly, pleadingly, entreatingly] |
special pleading
(wn) | special pleading
n 1: an argument that ignores all unfavorable evidence
2: (law) a pleading that alleges new facts in avoidance of the
opposing allegations |
MISPLEADING
(bouvier) | MISPLEADING. Pleading incorrectly, or omitting anything in pleading which is
essential to the support or defence of an action, is so called.
2. Pleading not guilty to an action of debt, is an example of the
first; and when the plaintiff sets out a title not simply in a defective
manner, but sets out a defective title, is an example of the second. See 3
Salk. 365.
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PLEADING
(bouvier) | PLEADING, practice. The statement in a logical, and legal form, of the facts
which constitute the plaintiff's cause of action, or the defendant's ground
of defence; it is the formal mode of alleging that on the record, which
would be the support, or the defence of the party in evidence. 8 T. R. 159;
Dougl. 278; Com. Dig. Pleader, A; Bac. Abr. Pleas and Pleading; Cowp. 682-3.
Or in the language of Lord Coke, good pleading consists in good matter
pleaded in good form, in apt time, and due order. Co. Lit. 303. In a general
sense, it is that which either party to a suit at law alleges for himself in
a court, with respect to the subject-matter of the cause, and the mode in
which it is carried on, including the demand which is made by the plaintiff;
but in strictness, it is no more than setting forth those facts or arguments
which show the justice or legal sufficiency of the plaintiff's demand, and
the defendant's defence, without including the statement of the demand
itself, which is contained in the declaration or count. Bac. Abr. Pleas and
Pleading.
2. The science of pleading was designed only to render the facts of
each party's case plain and intelligible, and to bring the matter in dispute
between them to judgment. Steph. Pl. 1. It is, as has been well observed,
admirably calculated for analyzing a cause, and extracting, like the roots
of an equation, the true points in dispute; and referring them with all
imaginable simplicity, to the court and jury. 1 Hale's C. L. 301, n
3. The parts of pleading have been considered as arrangeable under two
heads; first, the regular, or those which occur, in the ordinary course of a
suit; and secondly, the irregular, or collateral, being those which are
occasioned by mistakes in the pleadings on either side.
4. The regular parts are, 1st. The declaration or count. 2d. The plea,
which is either to the jurisdiction of the court, or suspending the action,
a's in the case of a parol demurrer, or in abatement, or in bar of the
action, or in replevin, an avowry or cognizance. 3d. The replication, and,
in case of an evasive plea, a new assignment, or in replevin the plea in bar
to the avowry or cognizance. 4th. The rejoinder, or, in replevin, the
replication to the plea in bar. 5th. The sur-rejoinder, being in replevin,
the rejoinder. 6th. The rebutter. 7th. The sur-rebutter. Vin. Abr. Pleas and
Pleading, C; Bac. Abr. Pleas and Pleadings, A. 8th. Pleas puis darrein
continuance, when the matter of defence arises pending the suit.
6. The irregular or collateral parts of Pleading are stated to be, 1st.
Demurrers to any art of the pleadings above mentioned. 2dly. Demurrers to
evidence given at trials. 3dly. Bills of exceptions. 4thly. Pleas in scire
facias. And, 5thly. Pleas in error. Vin. Abr. Pleas and Pleadings, C.; Bouv.
Inst. Index, h.t.
PLEADING, SPECIAL. By special pleading is meant the allegation of special or
new matter, as distinguished from a direct denial of matter previously
alleged on the opposite side. Gould on Pl. c. 1, s. 18.
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SPECIAL PLEADING
(bouvier) | SPECIAL PLEADING. The allegation of special or new matter, as distinguished
from a direct denial of matter previously alleged on the opposite side.
Gould on Pl. c. 1, s. 18; Co. Litt. 282; 3 Wheat. R. 246 Com. Dig. Pleader,
E 15.
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