- fact pleading
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fact pleading see pleading 2
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
fact pleading
Look at other dictionaries:
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
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
Fact — For other uses, see Fact (disambiguation). A fact (derived from the Latin Factum, see below) is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown… … Wikipedia
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 — A formal statement by a party to an action or proceeding of the operative facts, as distinguished from evidentiary facts, which constitute the respective claim or defense. McMillan v Plymouth Electric Light & Power Co. 70 Ind App 336, 123 NE 446 … Ballentine's law dictionary
inconsistent fact — a party should not in any pleading make any allegation of fact or raise any new ground of claim that is inconsistent with a previous pleading of his. However, inconsistent facts may be alleged as alternative grounds on which he is entitled to… … Law dictionary
sham pleading — see pleading 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. sham pleading n … Law dictionary
issue of fact — A single, certain, and material part of dispute arising upon a denial of a material allegation in the adversary s pleading, or where by force of statute a material allegation is to be considered controverted without further pleading. 41 Am J1st… … Ballentine's law dictionary
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
sham pleading — Those which are inherently false and must have been known by interposing party to be untrue. Pentecostal Holiness Church, Inc. v. Mauney, Fla.App., 270 So.2d 762, 769. A sham pleading , subject to motion to strike (Fed.R.Civil P. 12(f)), is one… … Black's law dictionary
