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Simple English definitions for legal terms
common-law pleading
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A quick definition of common-law pleading:
Common-law pleading is a way of formally stating your side of a legal case, usually in a civil lawsuit. It involves writing down your allegations, claims, denials, or defenses in a document called a pleading. The main pleadings are the plaintiff's complaint and the defendant's answer. There are different types of pleadings, such as amended pleadings, supplemental pleadings, and alternative pleadings. The purpose of pleading is to define and narrow the issues in a lawsuit. Common-law pleading used to be more complicated, but now it is simpler.A more thorough explanation:
Common-law pleading is a system of defining and narrowing the issues in a lawsuit whereby the parties file formal documents alleging their respective positions. It was historically used in the three common-law courts of England up to 1873.
Examples of common-law pleadings include:
- Plaintiff's complaint
- Defendant's answer
- Accusatory pleading (indictment, information, or complaint by which the government begins a criminal prosecution)
- Amended pleading (replaces an earlier pleading and contains matters omitted from or not known at the time of the earlier pleading)
- Supplemental pleading (corrects a defect in an earlier pleading or addresses facts arising since the earlier pleading was filed)
These examples illustrate how common-law pleading involves formal documents that set forth or respond to allegations, claims, denials, or defenses in a legal proceeding. The purpose of common-law pleading is to define and narrow the issues in a lawsuit so that the parties can present their respective positions and the court can make a fair and just decision.