explicatio
explicatio (eks-pl[schwa]-kay-shee-oh), n. [Law Latin] Civil law. The fourth pleading in an action, consisting of the plaintiff’s response to the defendant’s rejoinder. • This is the civil-law equivalent of the common-law surrejoinder.
Search Results for: common-law pleading
formulary procedure
formulary procedure. Hist. The common-law method of pleading and practice, which required formulaic compliance with the accepted forms of action even if through elaborate fictions. • In the 19th century, this type of procedure was replaced both in the United States and in England. See code pleading under PLEADING(2).
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abbreviatio placitorum
Abbreviatio Placitorum ([schwa]-bree-vee-ay-shee-oh plas-i-tor-[schwa]m), n. [Law Latin “summary of the pleas”] Hist. An abstract of pleadings culled from the rolls of the Curia Regis, Parliament, and common-law courts from the 12th to 14th centuries, compiled in the 17th century, printed in 1811, and attributed variously to Arthur Agarde, Deputy Chamberlain of the Exchequer, and to
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form of action
The common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. • The 11 common-law forms of action were trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit. [Cases: Action 29; Federal Civil Procedure 71.
express color
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