Dictionary of Law
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pleading :: legal definition


Pleading - n. 1) every legal document filed in a lawsuit, petition, motion and/or hearing, including complaint, petition, answer, demurrer, motion, declaration and memorandum of points and authorities (written argument citing precedents and statutes). Laypersons should be aware that, except possibly for petitions from prisoners, pleadings are required by state or federal statutes and/or court rules to be of a particular form and format: typed, signed, dated, with the name of the court, title and number of the case, name, address and telephone number of the attorney or person acting for himself/herself (in pro per) included. 2) the act of preparing and presenting legal documents and arguments. Good pleading is an art: clear, logical, well-organized and comprehensive.

See also: answer complaint demurrer plea plead and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial."
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.