Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Artful pleading.
see pleading (2),
Articulated pleading
see pleading (1).
Baby act, pleading the. Slang
asserting a person's infancy as a defense to a contract claim made by a minor.
Fifth Amendment, pleading the
See PLEADING THE FIFTH.
Mispleading
Pleading incorrectly. ( A party who realizes that its pleading is incorrect can usu. amend the pleading, as a matter of right, within a certain period, and can thereafter amend with the court's permission.
Pleading
n. 1. A formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or responds to allegations, claims, denials, or defenses. ( In federal civil proce dure, the main pleadings are the plaintiff's complaint and the defendant's answer.
accusatory pleading
An indictment, information, or complaint accusing a person of a crime that the government will pursue in court.
accusatory pleading.
See PLEADING (1)
aider by pleading over
the cure of a pleading defect by an adversary's answering the pleading without an objection, so that the objection is waived.
alternative pleading
A form of pleading whereby the pleader alleges two or more independent claims or defenses that are not necessarily consistent with each other, such as alleging both intentional infliction of emotional distress and negligent infliction of emotional distress based on the same conduct. Fed. R. Civ. P. 8(e)(2). Cf. DUPLICITY (2); double plea under PLEA (3).
amended pleading
see pleading (1).
anomalous pleading
see pleading (1).
artful pleading
A plaintiff's disguised phrasing of a federal claim as solely a statelaw claim in order to prevent a defendant from removing the case from state court to federal court.
articulated pleading
A pleading that states each allegation in a separately numbered paragraph.
code pleading
A procedural system requiring that the pleader allege merely the facts of the case giving rise to the claim, not the legal conclusions necessary to sustain the claim. -Also termed fact pleading. Cf. issue pleading.
common-law pleading
The system of pleading historically used in the three common-law courts of England (the King's Bench, the Common Pleas, and the Exchequer) up to 1873.
defective pleading
See PLEADING (1).
double pleading
See DUPLICITY (2).
equity pleading
The system of pleading used in courts of equity. ( In most jurisdictions, rules unique to equity practice have been largely supplanted by rules of court, esp. where law courts and equity courts have merged.
fact pleading
See code pleading under PLEADING (2).
gexeral replication. Equity pleading
A replication that consists of a general denial of the defendant's plea or answer and an assertion of the truth and sufficiency of the bill.
issue pleading
The common-law method of pleading, the main purpose of which was to frame an issue. Cf. code pleading.
joinder in pleading
Common-law pleading. One party's acceptance of the opposing party's proposed issue and mode of trial.
judgment on the pleadings
See JUDGMENT.
judgment on the pleadings.
A judgment based solely on the allegations and information contained in the pleadings, and not on any outside matters. Fed. R. Civ. P. 12(c). Cf. SUMMARY JUDGMENT.
motion for judgment on the pleadings
A party's request that the court rule in its favor based on the pleadings on file, without accepting evidence, as when the outcome of the case rests on the court's interpretation of the law. Fed. R. Civ. P. 12(c).
notice pleading
A procedural system requiring that the pleader give only a short and plain statement of the claim showing that the pleader is entitled to relief, and not a complete detailing of all the facts. Fed. R. Civ. P. 8(a).
notice pleading.
See PLEADING (2).
on the pleadings.
rendered for reasons that are apparent from the faces of the complaint and answer, without hearing or evaluating the evidence or the substantive arguments. See SUMMARY JUDGMENT.
pleading the Fifth
The act or an instance of asserting one's right against self-incrimination under the Fifth Amendment. - Also termed taking the Fifth. See RIGHT AGAINST SELF-INCRIMINATION.
pleading the baby act
See BABY ACT, PLEADING THE.
responsive pleading
A pleading that replies to an opponent's earlier pleading. See ANSWER.
sham pleading
An obviously frivolous or absurd pleading that is made only for purposes of vexation or delay. - Also termed sham plea; false plea.
shotgun pleading
A pleading that encompasses a wide range of contentions, usu. supported by vague factual allegations.
special pleading
1 The common-law system of pleading that required the parties to exchange a series of court papers (such as replications, rebutters, and surrebutters) setting out their contentions in accordance with hypertechnical rules before a case could be tried. ( Often, therefore, cases were decided on points of pleading and not on the merits. 2. The art of drafting pleadings under this system. 3. An instance of drafting such a pleading. 4. A responsive pleading that does more than merely deny allegations, as by introducing new matter to justify an otherwise blameworthy act. 5. An argument that is unfairly slanted toward the speaker's viewpoint because it omits unfavorable facts or authorities and develops only favorable ones.
supplemental pleading
See PLEADING (1).
theory-of-pleading doctrine
The principle -now outmoded - that one must prove a case exactly as pleaded. ( Various modern codes and rules of civil procedure have abolished this strict pleading-and-proof requirement. ( For example, Fed. R. Civ. P. 15 allows amendment of pleadings to conform to the evidence.