alternative pleading

alternative pleading: alternative pleading see pleading 1

alternative pleading: n.
A form of pleading in which the pleader sets forth two or more different and possibly inconsistent versions of his or her claim or defense.

alternative pleading: A legal fiction in which a pleader alleges two or more legal claims which are inconsistent with each other. For example, someone hurt in an accident can plead that the other party was negligent or ran into him intentionally. Or in a criminal trial, a defendant may plead not guilty and not guilty by reason of insanity (in which there is the implied admission that the defendant committed the act). (See also: pleading)

Category: Small Claims Court & Lawsuits

alternative pleading: =>> pleadings.

alternative pleading: n.

a legal fiction in which a party to a lawsuit or a defendant charged with a crime can plead two ways which are inconsistent with each other. Examples: a) someone hurt in an accident can plead that the other party was negligent or ran into him intentionally. b) "not guilty" and "not guilty by reason of insanity" (in which there is the implied admission that the defendant committed the act).

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Alternative pleading — permits a party in a court action to argue multiple possibilities that may be mutually exclusive. It is a legal fiction. A pleading in the alternative sets forth multiple claims or defenses either hypothetically or alternatively, such that if one … Wikipedia
alternative pleading — A form of pleading which was formerly prohibited but now recognized under Federal and state Rules of by which the pleader sets forth two or more statements by way of claim or defense which are not necessarily consistent with each other. When two… … Black's law dictionary
alternative pleading — A form of pleading which was formerly prohibited but now recognized under Federal and state Rules of by which the pleader sets forth two or more statements by way of claim or defense which are not necessarily consistent with each other. When two… … Black's law dictionary
alternative pleading — noun a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on • Syn: ↑pleading in the alternative • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑pleading … Useful english dictionary
pleading — plead·ing n 1 a: one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses; also: a written document embodying such a… … Law dictionary
alternative — al·ter·na·tive 1 /ȯl tər nə tiv, al / adj 1: alternate (1) 2: offering or expressing a choice an alternative contract see also alternative pleading at … Law dictionary
Pleading — In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion. By stating what claims and defences are at issue, pleadings establish… … Wikipedia
pleading in the alternative — noun a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on • Syn: ↑alternative pleading • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑pleading … Useful english dictionary
alternative writ of mandamus — A writ, issued by the court in the beginning of a mandamus proceeding under older practice, which corresponds to a common law declaration or to a complaint or petition in an ordinary action and usually deemed to be the first pleading in the cause … Ballentine's law dictionary
prayer in the alternative — A prayer in a pleading by a plaintiff in doubt as to the specific relief to which he is entitled, being in the alternative, so that if one kind of relief be denied, another may be granted, each kind being consistent with the case made by the… … Ballentine's law dictionary

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alternative pleading

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alternative pleading

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