pleading

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 declaration see also relation back
b: any of the allegations, averments, claims, denials, or defenses set forth in a pleading
alternative pleading: a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense
amended pleading: a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading
re·spon·sive pleading /ri-'spän-siv-/: a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint)
sham pleading: a pleading that is factually false, is not made in good faith, and that may be struck
supplemental pleading: a pleading that supplements an earlier pleading with matters that have occurred or come into existence since the date of the original pleading
2: a process or system through which the parties in a legal proceeding present their allegations
code pleading: pleading (as fact pleading) done in accordance with the rules set down in a code
◇ Code pleading began in 1848 in New York State and was a departure from the complex system of common-law pleading, which included a lengthy set of stages by which a single issue was produced, and which was determined by the type of writ under which the plaintiff proceeded.
fact pleading: pleading that requires a plaintiff to set out in the complaint facts sufficient to establish a cause of action compare notice pleading in this entry
notice pleading: pleading that is characterized esp. by a simplified description sufficient to give notice of a claim or defense rather than by a technical account of any facts pertinent to the claim or defense compare fact pleading in this entry
◇ Notice pleading is allowed under the Federal Rules of Civil Procedure and in a majority of states, although complex cases often require substantial detail in the pleading.

Merriam-Webster’s Dictionary of Law. . 1996.

pleading
I noun accusation, allegation, allegation of facts, answer, argument, claim, complaint, counterstatement, defendant's answer to charges, defense, denial, formal assertion, formal averment, plaintiffs allegations, plea, rebuttal, reply, responsive allegations, statement of defense, written statement of defense, written statements of accusation associated concepts: alternative pleading, amendment to a pleading, amplication of the pleadings, argumentative pleading, blind pleading, clarification of the pleading, defect in the pleading, demurrer, failure to state a cause of action, failure to state a claim, formal pleading, frivolous pleading, inconsistent pleadings, liberal construction of pleadings, motion to correct pleadings, motion to dismiss the pleading, petition, prejudicial pleading, privileged pleadings, responsive pleading, scandalous pleading, sham pleading, supplemental pleading, verified pleading foreign phrases:
- Piacita negatfva duo exitum non faciunt. — Two negative pleas do not make an issue
- Qui non negat fatetur. — He who does not deny, admits.
- Ambigua responsio contra proferentem est accipienda. — An ambiguous answer is to be taken against him who offers it.
II index argument (pleading), persuasion, plea, precatory

Burton's Legal Thesaurus. . 2006


pleading
n.
A document containing a party’s side of a lawsuit, such as a plaintiff’s complaint or a defendant’s answer, in which the party lists the facts that support his or her side of the case and presents them to the court at the beginning of a lawsuit.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


pleading
Any legal document filed in a lawsuit, including the complaint, petition, answer, demurrer, motion, declaration, and memorandum of points and authorities (written argument citing precedents and statutes).
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


pleading
pleadings n. Formal, written declaration in legal form of logical statements setting forth the facts of the plaintiff's allegations or the defendant's responses, and or the reasons why each party believes that she is in the right (that is, the grounds).
@ amended pleading
One submitted to the court later than the original pleadings, correcting or adding to them.
@ defective pleading
One that either in form or substance fails to meet minimum standards of sufficiency or accuracy.
@ pleading in the alternative
One in which there are two or more independent claims or defenses that are not necessarily consistent, such as negligently inflicting pain and suffering, and intentionally causing property damage.
@ supplemental pleading
One that asserts a claim or defense based on events that occurred after the original pleading was filed, or which corrects defects in the original pleadings.
@

Webster's New World Law Dictionary. . 2000.


pleading
Asking a court to grant relief. The formal presentation of claims and defenses by parties to a lawsuit. The specific papers by which the allegations of parties to a lawsuit are presented in proper form; specifically the complaint of a plaintiff and the answer of a defendant plus any additional responses to those papers that are authorized by law.

Dictionary from West's Encyclopedia of American Law. 2005.


pleading
Asking a court to grant relief. The formal presentation of claims and defenses by parties to a lawsuit. The specific papers by which the allegations of parties to a lawsuit are presented in proper form; specifically the complaint of a plaintiff and the answer of a defendant plus any additional responses to those papers that are authorized by law.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

pleading
n.
   1) every legal document filed in a lawsuit, petition, motion and/or hearing, including complaint, petition, answer, demurrer, motion, declaration and memorandum of points and authorities (written argument citing precedents and statutes). Laypersons should be aware that, except possibly for petitions from prisoners, pleadings are required by state or federal statutes and/or court rules to be of a particular form and format: typed, signed, dated, with the name of the court, title and number of the case, name, address and telephone number of the attorney or person acting for himself/herself (in pro per) included.
   2) the act of preparing and presenting legal documents and arguments. Good pleading is an art: clear, logical, well-organized and comprehensive.
   See also: answer, complaint, demurrer, plea, plead

Law dictionary. . 2013.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Pleading — Plead ing, n. The act of advocating, defending, or supporting, a cause by arguments. [1913 Webster] …   The Collaborative International Dictionary of English

  • pleading — ► NOUN 1) the action of making an emotional or earnest appeal. 2) Law a formal statement of the cause of an action or defence. ► ADJECTIVE ▪ earnestly appealing. DERIVATIVES pleadingly adverb …   English terms 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 — [[t]pli͟ːdɪŋ[/t]] pleadings 1) ADJ: usu ADJ n A pleading expression or gesture shows someone that you want something very much. ...his pleading eyes. ...the pleading expression on her face... Her voice was pleading. Syn: beseeching Derived words …   English dictionary

  • pleading — pleadingly, adv. pleadingness, n. /plee ding/, n. 1. the act of a person who pleads. 2. Law. a. the advocating of a cause in a court of law. b. the art or science of setting forth or drawing pleas in legal causes. c. a formal statement, usually… …   Universalium

  • pleading — I UK [ˈpliːdɪŋ] / US [ˈplɪdɪŋ] adjective a pleading look shows that you want something very much pleading eyes II UK [ˈpliːdɪŋ] / US [ˈplɪdɪŋ] noun [countable/uncountable] Word forms pleading : singular pleading plural pleadings 1) an occasion… …   English dictionary

  • pleading — plead|ing1 [ plidıŋ ] adjective a pleading look shows that you want something very much: BESEECHING: pleading eyes pleading plead|ing 2 [ plidıŋ ] noun count or uncount 1. ) an occasion when someone asks for something in an urgent or emotional… …   Usage of the words and phrases in modern English

  • Pleading — Plead Plead, v. t. [imp. & p. p. {Pleaded} (colloq. {Plead}or {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… …   The Collaborative International Dictionary of English

  • pleading — 1. noun a document filed in a lawsuit 2. verb present participle of plead 3. adjective Of or pertaining to that which pleads. Franchise, relaxed and soothed by the vagueness of a surrender set so far in the future, simply took hold of his two… …   Wiktionary

  • pleading — adj. Pleading is used with these nouns: ↑look …   Collocations dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”