joinder in pleading
Common-law pleading. One party’s acceptance of the opposing party’s proposed issue and mode of trial.
joinder in pleading Read More »
Search Results for: common-law pleading
issue pleading
The common-law method of pleading, the main purpose of which was to frame an issue. Cf. code pleading. [Cases: Pleading 1, 16, 48. C.J.S. Pleading §§ 2–3, 6–7, 9, 116–124, 132–133, 162, 164, 593.]
code pleading
code pleading 法典诉答程序 指依照法典确定的规则而进行的诉答。法典诉答程序始于1848年美国纽约州菲尔德法典〔Field Code〕的规定，它摒弃了普通法诉答程序〔common-law pleading〕在形式上的严格性和复杂性，它只要求当事人陈述作为其诉讼请求的根据的事实，而非对支持其请求所必要的法律结论。
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.
common law pleading Read More »
special pleading
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.
modo et forma
modo et forma (moh-doh et for-m[schwa]). [Latin] In manner and form. • In common-law pleading, this phrase began the conclusion of a traverse. Its object was to put the burden on the party whose pleading was being traversed not only to prove the allegations of fact but also to establish as correct the manner and
forcible entry and detainer
forcible entry and detainer. 1. The act of violently taking and keeping possession of lands and tenements without legal authority. [Cases: Forcible Entry and Detainer 4.] “To walk across another’s land, or to enter his building, without privilege, is a trespass, but this in itself, while a civil wrong, is not a crime. However, if
forcible entry and detainer Read More »
reply
reply, n. 1. Civil procedure. In federal practice, the plaintiff’s response to the defendant’s counterclaim (or, by court order, to the defendant’s or a third party’s answer).Fed. R. Civ. P. 7(a). [Cases: Federal Civil Procedure 801–815.] 2. Common-law pleading. The plaintiff’s response to the defendant’s plea or answer. • The reply is the plaintiff’s second
avowry
avowry ([schwa]-vow-ree), n. Common-law pleading. An acknowledgment — in an answer to a replevin action — that one has taken property, and a justification for that taking (the defendant’s avowry was based on alleged damage to the property by the plaintiff). Cf. COGNIZANCE(4). [Cases: Replevin 64.] — avow, vb.
surrejoinder
surrejoinder (s[schwa]r-ri-joyn-d[schwa]r).Common-law pleading. The plaintiff’s answer to the defendant’s rejoinder. See REPLICATION. [Cases: Pleading 184.] “Where the common-law system of pleading is in force, the pleadings do not terminate with the plaintiff’s replication. The defendant may interpose a rejoinder to the replication, and the plaintiff a surrejoinder to the defendant’s rejoinder. Then follows the rebutter,