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.
Beaupleader
[law french "fair pleading"] hist. 1. A fine imposed for bad or unfair pleading. 2. A writ of prohibition that prevented a sheriff from taking a fine for bad pleading. ( the statute of marlbridge (1267) prohibited the taking of fines for this type of pleading. See writ of prohibition.
Fifth Amendment, pleading the
See PLEADING THE FIFTH.
Implead
vb. 1. To bring (someone) into a lawsuit; esp., to bring (a new party) into the action. Cf. INTERPLEAD. 2. Hist. To bring an action against; to accuse. - Formerly also spelled emplead; empleet.
Impleader
n. A procedure by which a third party is brought into a lawsuit, esp. by a defendant who seeks to shift liability to someone not sued by the plaintiff. Fed. R. Civ. P. 14. - Also termed third party practice; vouching-in. Cf. INTERPLEADER; INTERVENTION (1).
Interplead
ub. 1. (Of a claimant) to assert one's own claim regarding property or an issue already before the court. 2. (Of a stakeholder) to institute an interpleader action, usu. by depositing disputed property into the court's registry to abide the court's decision about who is entitled to the property. Cf IMPLEAD.
Interpleader
n. 1. A suit to determine a right to property held by a usu. disinterested third party (called a stakeholder) who is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership. 0 Typically, a stakeholder initiates an interpleader both to determine who should receive the property and to avoid multiple liability. Fed. R. Civ. P. 22. See STAKEHOLDER (1). Cf. IMPLEADER; INTERVENTION (1). 2. Loosely, a party who interpleads.
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.
Pleader
1 A party who asserts a particular pleading. 2. A person who pleads in court on behalf of another. 3. Hist. At common law, a person who (though not an attorney) specialized in preparing pleadings for others. - Also termed special pleader. 4. Hist. NARRATOR.
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.
bill in the nature of interpleader.
A bill of interpleader filed by a person claiming an interest in interpleaded property.
bill of interpleader.
An original bill filed by a party against two or more persons who claim from that party the same debt or duty. The requesting party asks the court to compel the contenders to litigate their rights to establish to whom the debt or duty is due. SeeINTERPLEADER."The common law offered the stakeholder no relief, in that if he paid in good faith to one claimant, he might nevertheless be sued by and required to pay another claimant. And a judgment at law in favor of one claimant against the stakeholder was no defense to an action against the stakeholder by another claimant. However, in equity the bill or suit of interpleader offers him a remedy in that he may interplead (bring) into one action all of the claimants, turn the money or property over to the court, be himself dismissed from the proceeding, and have the court decide which of the claimants is entitled to the fund or property ...." William Q. de Funiak, Handbook of Modern Equity ยง 108, at 241-42 (2d ed. 1956).
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).
faint pleader
A false, fraudulent, or collusive manner of pleading.
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 of repleader
See REPLEADER.
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 a repleader
Common-law pleading. An unsuccessful party's posttrial motion asking that the pleadings begin anew because the issue was joined on an immaterial point. ( The court never awards a repleader to the party who tendered the immaterial issue.
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).
notice to plead
A warning to a defendant, stating that failure to file a responsive pleading within a prescribed time will result in a default judgment. ( The Federal Rules of Civil Procedure require the summons to notify the defendant that failure to appear and defend within a prescribed time will result in a default judgment. Fed. R. Civ. P. 4(a). See PROCESS; SUMMONS; DEFAULT JUDGMENT; NOTICE TO APPEAR.
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.
plead
ub. 1. To make a specific plea, esp. in response to a criminal charge <he pleaded not guilty>. 2. To assert or allege in a pleading <fraud claims must be pleaded with particularity. 3. To file or deliver a pleading <the plaintiff hasn't pleaded yet>.
plead over
ub. 1. To fail to notice a defective allegation in an opponent's pleading. 2. Hist. To plead the general issue after a defendant has had a dilatory plea overruled. See ALDER BY PLEADING OVER.
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.
replead
ub. 1. To plead again or anew; to file a new pleading, esp. to correct a defect in an earlier pleading. 2. To make a repleader.
repleader
Common-law pleading. A court order or judgment - issued on the motion of a party who suffered an adverse verdict - requiring the parties to file new pleadings because of some defect in the original pleadings. - Also termed judgment of repleader.
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.