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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 proceedingPlead \ 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 pointPLEADING, 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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