pleading 音标拼音: [pl'idɪŋ]
n . 辩论,辩解,诉讼手续
a . 恳求的
辩论,辩解,诉讼手续恳求的
pleading adj 1 :
begging [
synonym : {
beseeching }, {
pleading }, {
imploring }]
[
ant : {
imperative }]
n 1 : (
law )
a statement in legal and logical form stating something on behalf of a party to a legal proceeding Plead \
Plead \,
v .
t . [
imp . &
p .
p . {
Pleaded } (
colloq . {
Plead }
or {
Pled });
p .
pr . &
vb .
n . {
Pleading }.] [
OE .
pleden ,
plaiden ,
OF .
plaidier ,
F .
plaider ,
fr .
LL .
placitare ,
fr .
placitum .
See {
Plea }.]
1 .
To argue in support of a claim ,
or in defense against the claim of another ;
to urge reasons for or against a thing ;
to attempt to persuade one by argument or supplication ;
to speak by way of persuasion ;
as ,
to plead for the life of a criminal ;
to plead with a judge or with a father .
[
1913 Webster ]
O that one might plead for a man with God ,
as a man pleadeth for his neighbor ! --
Job xvi .
21 .
[
1913 Webster ]
2 . (
Law )
To present an answer ,
by allegation of fact ,
to the declaration of a plaintiff ;
to deny the plaintiff '
s declaration and demand ,
or to allege facts which show that ought not to recover in the suit ;
in a less strict sense ,
to make an allegation of fact in a cause ;
to carry on the allegations of the respective parties in a cause ;
to carry on a suit or plea . --
Blackstone .
Burrill .
Stephen .
[
1913 Webster ]
3 .
To contend ;
to struggle . [
Obs .] --
Chaucer .
[
1913 Webster ]
Pleading \
Plead "
ing \,
n .
The act of advocating ,
defending ,
or supporting ,
a cause by arguments .
[
1913 Webster ]
41 Moby Thesaurus words for "
pleading ":
adjuratory ,
answer ,
appealing ,
argument ,
argumentum ,
bar ,
begging ,
beseeching ,
case ,
cons ,
consideration ,
counsel ,
counterstatement ,
defense ,
demurrer ,
denial ,
elenchus ,
entreating ,
exception ,
ignoratio elenchi ,
imploring ,
legal profession ,
objection ,
plaidoyer ,
plea ,
pleadings ,
precative ,
precatory ,
pros ,
pros and cons ,
reason ,
rebuttal ,
refutation ,
reply ,
representation ,
response ,
riposte ,
special demurrer ,
special pleading ,
statement of defense ,
talking point PLEADING ,
practice .
The statement in a logical ,
and legal form ,
of the facts which constitute the plaintiff '
s cause of action ,
or the defendant '
s ground of defence ;
it is the formal mode of alleging that on the record ,
which would be the support ,
or the defence of the party in evidence .
8 T .
R .
159 ;
Dougl .
278 ;
Com .
Dig .
Pleader ,
A ;
Bac .
Abr .
Pleas and Pleading ;
Cowp .
682 -
3 .
Or in the language of Lord Coke ,
good pleading consists in good matter pleaded in good form ,
in apt time ,
and due order .
Co .
Lit .
303 .
In a general sense ,
it is that which either party to a suit at law alleges for himself in a court ,
with respect to the subject -
matter of the cause ,
and the mode in which it is carried on ,
including the demand which is made by the plaintiff ;
but in strictness ,
it is no more than setting forth those facts or arguments which show the justice or legal sufficiency of the plaintiff '
s demand ,
and the defendant '
s defence ,
without including the statement of the demand itself ,
which is contained in the declaration or count .
Bac .
Abr .
Pleas and Pleading .
2 .
The science of pleading was designed only to render the facts of each party '
s case plain and intelligible ,
and to bring the matter in dispute between them to judgment .
Steph .
Pl .
1 .
It is ,
as has been well observed ,
admirably calculated for analyzing a cause ,
and extracting ,
like the roots of an equation ,
the true points in dispute ;
and referring them with all imaginable simplicity ,
to the court and jury .
1 Hale '
s C .
L .
301 ,
n 3 .
The parts of pleading have been considered as arrangeable under two heads ;
first ,
the regular ,
or those which occur ,
in the ordinary course of a suit ;
and secondly ,
the irregular ,
or collateral ,
being those which are occasioned by mistakes in the pleadings on either side .
4 .
The regular parts are ,
1st .
The declaration or count .
2d .
The plea ,
which is either to the jurisdiction of the court ,
or suspending the action ,
a '
s in the case of a parol demurrer ,
or in abatement ,
or in bar of the action ,
or in replevin ,
an avowry or cognizance .
3d .
The replication ,
and ,
in case of an evasive plea ,
a new assignment ,
or in replevin the plea in bar to the avowry or cognizance .
4th .
The rejoinder ,
or ,
in replevin ,
the replication to the plea in bar .
5th .
The sur -
rejoinder ,
being in replevin ,
the rejoinder .
6th .
The rebutter .
7th .
The sur -
rebutter .
Vin .
Abr .
Pleas and Pleading ,
C ;
Bac .
Abr .
Pleas and Pleadings ,
A .
8th .
Pleas puis darrein continuance ,
when the matter of defence arises pending the suit .
6 .
The irregular or collateral parts of Pleading are stated to be ,
1st .
Demurrers to any art of the pleadings above mentioned .
2dly .
Demurrers to evidence given at trials .
3dly .
Bills of exceptions .
4thly .
Pleas in scire facias .
And ,
5thly .
Pleas in error .
Vin .
Abr .
Pleas and Pleadings ,
C .;
Bouv .
Inst .
Index ,
h .
t .
PLEADING ,
SPECIAL .
By special pleading is meant the allegation of special or new matter ,
as distinguished from a direct denial of matter previously alleged on the opposite side .
Gould on Pl .
c .
1 ,
s .
18 .
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