close debate. Parliamentary law. To pass a motion that ends debate and amendment of a pending question or series of questions. • The synonymous shorthand “previous question,” a somewhat archaic and misleading term that several parliamentary manuals still use for this motion, has evolved over time. Two centuries ago, the motion was invented for suppressing […]
An objection that questions the form of the pleading and states specifically the nature of the objection, such as that the pleading violates the rules of pleading or practice. [Cases: Pleading 206. C.J.S. Pleading § 233.]
An original or initial pleading that sufficiently sets forth a claim for relief — by including the grounds for the court’s jurisdiction, the basis for the relief claimed, and a demand for judgment — so that a defendant may draft an answer that is responsive to the issues presented. • In federal court, a well-pleaded
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answer, n. 1. A defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations. • An answer usu. sets forth the defendant’s defenses and counterclaims. [Cases: Pleading 76–87. C.J.S. Pleading §§ 159–162, 164, 168–173.] false answer. A sham answer in a pleading. See sham pleading under PLEADING (1). [Cases:
Hist. A defendant’s admission that the plaintiff has an apparent right to something coupled with an assertion that the plaintiff’s right is legally inferior to the defendant’s right to the same thing. • This pleading was typically used in cases of trespass to land by making fictitious allegations that put the plaintiff’s ownership of the
responsa prudentium (ri-spon-s[schwa] proo-den-shee-[schwa]m). [Latin “the answers of the learned”] Roman law. The opinions and judgments of eminent lawyers or jurists on questions of law addressed to them. • The responsa prudentium originally constituted part of the early Roman civil law. Roman citizens seeking legal advice, as well as magistrates and judges, often referred legal
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