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Simple English definitions for legal terms
traverse
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A quick definition of traverse:
A traverse is a formal way of denying something that someone else has said. It can be used in legal cases when one party disagrees with a fact that the other party has stated. There are different types of traverses, including a common traverse which is a specific denial of a particular allegation, and a general traverse which denies all the facts in the opposing party's pleading.
A more thorough explanation:
Definition: Traverse is a formal denial of a factual allegation made in the opposing party's pleading. It is a legal term used in common-law pleading.
Example: Smith filed a traverse to Allen's complaint, asserting that he did not knowingly provide false information.
This means that Smith denied the allegation made by Allen in his complaint and stated that he did not provide false information intentionally.
Traverse can be of different types:
- Common Traverse: It is a denial accompanied by a formal offer for decision of the point denied. It expressly contradicts the terms of the allegation traversed.
- Cumulative Traverse: It analyzes a proposition into its constituent parts and traverses them cumulatively.
- General Traverse: It is a denial of all the facts in an opponent's pleading.
- Special Traverse: It is a denial of one material fact in an opponent's pleading. It explains or qualifies the denial.
Example: John filed a special traverse to Mary's complaint, denying that he was driving the car at the time of the accident. He explained that he had lent his car to his friend, who was driving it at the time of the accident.
This means that John denied the material fact that he was driving the car at the time of the accident and explained that his friend was driving it instead.