replication

replication (rep-l[schwa]-kay-sh[schwa]n). A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading §§ 209, 219.]

anticipatory replication. Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in addition to setting up the defense. [Cases: Equity 133.]

general replication. Equity pleading. A replication that consists of a general denial of the defendant’s plea or answer and an assertion of the truth and sufficiency of the bill. [Cases: Equity 207.]

replication de injuria. Common-law pleading. A traverse occurring only in the replication whereby the plaintiff is permitted to traverse the whole substance of a plea consisting merely of legal excuse, when the matter does not involve a title or interest in land, authority of law, authority of fact derived from the opposing party, or any matter of record.

— Also termed replication de injuria sua propria, absque tali causa. [Cases: Pleading 179. C.J.S. Pleading § 222.]

replication per fraudem. Common-law pleading. A replication asserting that the discharge pleaded by the defendant was obtained by fraud.

special replication. Equity pleading. A replication that puts in issue a new fact to counter a new matter raised in the defendant’s plea or answer. [Cases: Equity 209.]


专业法律词汇 词条贡献者
译者Jane,毕业于国内一流的高级翻译学院,擅长翻译各种与人工智能相关的法律文件。
Scroll to Top