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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译员Terence,毕业于国内顶尖法学院,擅长翻译有关能源和自然资源领域的法律文件。
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