Search Results for: COMMON-LAW RULE

special pleading

glossary /

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. […]

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year and a day

glossary /

year and a day. The common-law time limit fixed for various purposes, such as claiming rights, exemptions, or property (such as rights to wreckage or estrays) or for prosecuting certain acts — so called because a year was formerly counted to include the first and last day, meaning that a year from January 1 was

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