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Topic: Special pleading

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	Pleading - LoveToKnow 1911
		In the earliest historical period, that of the legis actiones, the pleadings were verbal, and made in court by the parties themselves, the proceedings imitating as far as possible the natural 1 In Scots and ecclesiastical law the word " plea " is used as to the statements of both parties to a cause.
		When the pleadings had reached a stage at which the parties were in flat contradiction on matters of fact, they concluded by joinder of issue, upon which the record was made up and the action was ripe for trial.
		There are also special pleas of justification to indictments for defamatory libel under the Libel Act 1843; and to indictments for non-repair of highways and bridges the accused may plead that the liability to repair falls upon another person.
	www.1911encyclopedia.org /Pleading (4478 words)

	FRCP - Rule 9 (LII 2007 ed.)
		In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred.
		In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.
		In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
	www.law.cornell.edu /rules/frcp/Rule9.htm (241 words)

	Bouvier (Site not responding. Last check: 2007-09-26)
		Special pleas in error are those which assign for error matters in confession and avoidance, as a release of errors, the act of limitations, and the like, to which the plaintiff in error may reply or demur.
		Special partnerships at common law, are those formed for a particular or special branch of business, as contradistinguished from the general business of the parties, or of one of them.
		A special pleader is a lawyer whose professional occupation is to give verbal or written opinions upon statements submitted to him, either in writing or verbally, and to draw pleadings, civil or criminal, and such practical proceedings as may be out of the general course.
	www.jusbelli.com /Bouvier/bouvier1856_sp.html (2743 words)

	Search Results for "Special pleading"
		A pleading in law means a written statement of a cause pro and con., and "special pleaders" are persons...
		...with the two patriotic treatises in 1749, may be unreservedly dismissed as a piece of special pleading neither effective nor adequate.
		Although his special pleading by no means surpassed that of his contemporaries, it was more obvious,...
	www.bartleby.com /cgi-bin/texis/webinator/sitesearch?FILTER=&query=Special+pleading (405 words)

	PLEADING (Fr. plaider,... - Online Information article about PLEADING (Fr. plaider,... (Site not responding. Last check: 2007-09-26)
		period, that of the legis actions, the pleadings were verbal, and made in court by the parties them-selves, the proceedings imitating as far as possible the natural 1 In Scots and ecclesiastical law the word " plea " is used as to the statements of both parties to a cause.
		Demurrers (q.v.) were general or special according as they went to the substance of the claim or plea or to a mere defect in the mode of statement.
		At the first, held before the sheriff, the accused (termed the panel) may plead guilty or raise preliminary objections to the relevancy of the indictment, andc., or otherwise (such as want of jurisdiction or res judicata); or without taking such objections, or after they are overruled, may plead not guilty.
	encyclopedia.jrank.org /PIG_POL/PLEADING_Fr_plaider_plaidoyer_.html (5538 words)

	MCR 2.112 Pleading Special Matters
		In pleading an official document or official act, it is sufficient to allege that the document was issued or the act done in compliance with law.
		A judgment or decision of a domestic or foreign court, a tribal court of a federally recognized Indian tribe, a judicial or quasi-judicial tribunal, or a board or officer, must be alleged with sufficient particularity to identify it; it is not necessary to state facts showing jurisdiction to render it.
		In pleading a statute, ordinance, or municipal charter, it is sufficient to identify it, without stating its substance.
	www.icle.org /mlo/mcr/02/2.112.htm (845 words)

	William E. Nelson: The Jury and Consensus Government in Mid-Eighteenth-Century America
		Special pleading had the capacity of framing a single, simple factual question for the jury which the jury could decide without passing upon the law, since the court's prior determination of the legal sufficiency of proffered pleas resolved all questions of law before a case was given to the jury.
		The result was that although special pleading had the potential to reduce the power of juries to determine law as well as fact, its disuse in colonial America prevented it from attaining that potential.
		Litigants probably used special verdicts chiefly in complex factual cases where both sides were at least as interested in a judicial declaration of law for their future guidance as in a resolution of the pending dispute.
	www.constitution.org /jury/pj/nelson.htm (7048 words)

	RULE 4:5. GENERAL RULES OF PLEADING
		Allegations in a pleading which sets forth a claim for relief, other than those as to the amount of damages, are admitted if not denied in the answer thereto.
		In pleading the performance or occurrence of conditions precedent, it is sufficient to allege generally that all such conditions have been performed or have occurred.
		Items of special damage claimed shall be specially stated, except that if a general demand for unliquidated damages is made pursuant to R. 4:5-2, the facts giving rise to any included claim for special damages shall be specially stated in lieu of the monetary claim therefor.
	www.judiciary.state.nj.us /rules/r4-5.htm (1094 words)

	Fallacy: Special Pleading
		Special Pleading is a fallacy in which a person applies standards, principles, rules, etc. to others while taking herself (or those she has a special interest in) to be exempt, without providing adequate justification for the exemption.
		There are cases which are similar to instances of Special Pleading in which a person is offering at least some reason why he should be exempt but the reason is not good enough to warrant the exemption.
		This could be called "Failed Pleading." For example, a professor may claim to be exempt from helping the rest of the faculty move books to the new department office because it would be beneath his dignity.
	www.nizkor.org /features/fallacies/special-pleading.html (843 words)

	Indiana Rules of Trial Procedure (Site not responding. Last check: 2007-09-26)
		When specially requested in the praecipe for summons, the complaint and summons shall be delivered to such officer by the clerk or the attorney for the person seeking service.
		It shall be the duty of attorneys when entering their appearance in a cause or when filing pleadings or papers therein, to have noted on the chronological case summary or said pleadings or papers so filed the address and telephone number of their office.
		Averments in a pleading to which a responsive pleading is required, except those pertaining to amount of damages, are admitted when not denied in the responsive pleading.
	www.in.gov /judiciary/rules/trial_proc (7476 words)

	Special Pleading — FactMonster.com
		A pleading in law means a written statement of a cause pro and con., and “special pleaders” are persons who have been called to the bar, but do not speak as advocates.
		After a time most special pleaders go to the bar, and many get advanced to the bench.
		Special Pleading - Special Pleading Quibbling; making your own argument good by forcing certain words or phrases from...
	www.factmonster.com /dictionary/brewers/special-pleading.html (167 words)

	[No title]
		A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief the pleader seeks.
		Every pleading shall contain a caption setting forth the title of the court, the judicial district in which the action is filed, the city in which the court is located, the title of the action (i.e., the names of the parties), the case number, and a designation as in Rule 7(a).
		A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action.
	www.state.ak.us /courts/civ.htm (13427 words)

	Duely and Constantly Kept
		In such a plea the defendant objected that the court lacked jurisdiction; or that one of the parties was not legally competent to sue or be sued (being, for instance, a minor or a married woman); or that the writ or the declaration was materially defective.
		A special pleading by the defendant usually elicited another pleading by the plaintiff, which might be the first of several additional pleadings made alternately by the two parties.
		All of the filed pleadings were enrolled on the record of proceedings sent to circuit court for trial of an issue of fact, and they also appeared In the final judgment record filed in the Supreme Court clerk's office.
	www.courts.state.ny.us /history/elecbook/duely/pg15.htm (1774 words)

	FRCP 1.010 through 1.290
		If a pleading sets forth a claim for a relief at the trial, except that the objection of failure to state a legal defense in an answer or reply shall be asserted by motion to strike the defense within 20 days after service of the answer or reply.
		A pleading may state as a crossclaim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or a counterclaim therein, or relating to any property that is the subject matter of the original action.
		Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment, but failure so to amend shall not affect the result of the trial of these issues.
	phonl.com /fl_law/rules/FRCP/frcp1.htm (7333 words)

	[No title]
		Pleading Special Matters Special matters must be pleaded with particularity if they are going to be raised at trial.
		General Rules of Pleading 8(b) “A party shall state in short and plain terms the party’s defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.” Defendant can state if he is without knowledge of averment, but denials must meet substance of averments.
		Policy: -The rationale for pleading affirmative defense is notice-giving to the plaintiff and also because defendant is particularly knowledgeable of the existence of affirmative defenses.
	www.law.nyu.edu /studentorgs/sba/outlines/firstyear/civpro1/kramer_f94.doc (14458 words)

	Rule 9
		A denial of performance or occurrence shall be made specifically and with particularity, and when so made the party pleading the performance or occurrence shall on the trial establish the facts showing such performance or occurrence.
		In pleading an official document or act it is sufficient to aver that the document was issued or the act done in compliance with law.
		A denial of jurisdiction shall be made specifically and with particularity and when so made the party pleading the judgment or decision shall establish on the trial all controverted jurisdictional facts.
	www.utcourts.gov /resources/rules/urcp/09.htm (665 words)

	Logical Fallacy: Special Pleading
		The fallacy of Special Pleading occurs when someone argues that a case is an exception to a rule based upon an irrelevant characteristic that does not define an exception.
		People are most tempted to engage in special pleading when they are subject to a law or moral rule that they wish to evade.
		So, it is a case of special pleading to argue that off-duty police officers and their families should not be ticketed in circumstances in which a civilian would be.
	www.fallacyfiles.org /specplea.html (454 words)

	Brigham Young University Law Review: Expert opinion pleading: Any merit to special certificates of merit?
		These special certificates of merit extend beyond general pleading certificates, as in Federal Civil Procedure Rule 11, and usually require that a claimant or a claimant's lawyer obtain an expert opinion on the merits of certain aspects of a particular claim.
		Additionally, these special certificates of merit occasionally require that a claimant or a claimant's lawyer certify certain factual allegations underlying particular claims; that is, the who, what, where, why and how.
		This Article then concludes that American lawmakers should be wary of these special certificates and implement them for certain civil claims only after finding that there are adequate empirical bases and inadequacies in other civil procedure laws, such as general pleading, other special pleading, or expert opinion discovery or disclosure laws.
	www.findarticles.com /p/articles/mi_qa3736/is_199701/ai_n8743317 (720 words)

	pleading - Information from Reference.com
		In law, a pleading is one of the papers filed with a court in a civil action,
		Special pleading is a form of spurious argumentation where a position in a dispute
		Pleading is the beginning stage of a lawsuit in which parties formally submit
	www.reference.com /search?q=pleading&db=web (208 words)

	Defeasible Reasoning, Special Pleading and the Cosmological Argument: Koons, Robert.
		Conversely, 5 implies that the existence of all the members of a sum necessitates the existence of the sum itself.
		There is one special notion that had to be defined: that of being "wholly contingent," represented by W.
		In fact, Oppy's restriction of the universality of causation to non-first events is a classic case of special pleading, until and unless he can provide some principled ground for thinking that the absence of temporally prior situations is relevant to the presence or absence of a cause.
	www.arn.org /docs/koons/rk_defeasible.htm (3586 words)

	Special Pleading (Site not responding. Last check: 2007-09-26)
		The fallacy of Special Pleading mimics reasoning based on this perfectly reasonable psychological expectation.
		The fallacy of Special Pleading presupposes that some differences are so great that the human capacity for empathy cannot cross them.
		The Oxford English Dictionary cites examples of the phrase "special pleading" being used to label sophistical argumentation from about the middle of the 19th Century.
	www.cuyamaca.net /bruce.thompson/Fallacies/specialpleading.asp (463 words)

	Fallacies about rules
		In special pleading someone claims that they (or someone they are defending) should not have to follow the rules, without providing sufficient evidence to support such an exception (Damer p 145).
		For example, many promoters of unorthodox scientific ideas claim that they don't need to get advanced degrees or have their work published in peer-reviewed journals, but still expect their work to be taken seriously.
		Special pleading is one type of double standard, but there are others.
	info-pollution.com /rules.htm (622 words)

	The Reaction -- by Michael J.W. Stickings: Special pleading
		Otis may be a lawyer and thus used to pleading a case rather than arguing it logically, but if it were up to me, I would Lock up Libby and sentence Otis to being ignored.
		The Berger verdict, and the failure to even administer the polygraph exam that was specified in the plea agreement, that's discordant with what happened to Libby.
		Berger was duplicitous, took advantage of his special status, knowingly violated a law that is very clear, and hindered the investigation of an important Congressional Committee.
	the-reaction.blogspot.com /2007/06/special-pleading.html (1520 words)

	Special Pleading + The Extraordinary Evidence Principle - TheologyWeb Campus
		Such a Christian or Jew would seem to be committing the fallacy of special pleading: claiming to be special in terms of having the TRUE holy book when it does not appear to be that they are significantly more justified in making that claim than others like Muslims and Mormons.
		Likewise, those who believe in God seem to be more willing to believe in extraordinary claims than atheists (especially in their holy book) since theists believe the means to accomplish the extraordinary events is reasonably available in the person of their God which makes the claim significantly less extraordinary.
		Of course, a miracle report that has a direct bearing on the truth of a certain religion, like the incident you cited in the Hadith, may be a bit more of a problem for Christians since they also claim that the Resurrection has a direct bearing on the truth of Christianity.
	www.theologyweb.com /forum/showthread.php?t=29010&page=2 (3939 words)

	Defeasible Reasoning, Special Pleading and the Cosmological Argument
		Conversely, 5 implies that the existence of all the members of a sum necessitates the existence of the sum itself.
		There is one special notion that had to be defined: that of being ``wholly contingent'', represented by W.
		In fact, Oppy's restriction of the universality of causation to non-first events is a classic case of special pleading, until and unless he can provide some principled ground for thinking that the absence of temporally prior situations is relevant to the presence or absence of a cause.
	www.utexas.edu /cola/depts/philosophy/faculty/koons/gifford.html (3495 words)

	[No title]
		In a 1773 civil case in Pennsylvania, the reporter made special note of the fact that "it was agreed by counsel, that the opinion of the court should be conclusive to the jury"[46] -- a note implying that the opinion would not have been conclusive absent the agreement.
		Litigants in Massachusetts rarely continued special pleading beyond defendant's initial plea and the plaintiffs joinder of issue or joinder in demurrer (see ibid., p.
		No cases of special pleading are recorded in T. Jefferson, ed., Reports of Cases Determined in the General Court of Virginia from 1730 to 1740; and from 1768 to 1772 (Charlottesville: O. Carr, 1829), the only volume of pre-Revolutionary Virginia cases.
	www.constitution.org /jury/pj/nelson.txt (4625 words)

	Kenneth A Vercammen, Esq. - Superior Court in New Jersey
		Service of the answer shall be complete as provided by R. A party served with a pleading stating a counterclaim or cross claim against that party shall serve an answer thereto within 35 days after the service upon that party.
		The time for service of a responsive pleading may be enlarged for a period not exceeding 60 days by the written consent of the parties, which shall be filed with the responsive pleading within said 60-day period.
		The party filing the responsive pleading or the party's attorney shall certify thereon, or in an acknowledgment, proof or certificate of service, that the pleading was served within the time period allowed by R. 4:6 or other rule specified in the certificate.
	www.njlaws.com /superior_court_in_NJ.htm (2799 words)

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