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. [Cases: Pleading

1. C.J.S. Pleading §§ 2–3, 6–7, 593.]

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.


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法律翻译Walker,在一家美国白鞋所担任专职法律翻译,专注翻译各类与特拉华州业务有关的法律文件。
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