Talk:Pleading

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Within the system of pleading as it has been handed down from the English common law system must be noted the modern pleadings in chancery. These include usually an original pleading known as a "petition", and the responsive pleadings are "demurrers" and "responses".

One problematic term is the "application". In some modern chancery contexts, such as bankruptcy, an "application" is treated as a mere motion, which is not a pleading. On the other hand, in the Uniform Probate Code, an "application" is treated as the same as a "petition", and thus is a pleading.

In addition to probate and bankruptcy, other modern chancery contexts where "petitions" and "responses" are encountered in many states include family court, juvenile court, and the courts which hear "original writ petitions".

As a general rule, "petitions" are treated by the courts in the same manner as "complaints", which is why they are subject to "demurrers" and "motions to strike". "Responses" are treated by the courts as roughly equivalent to "answers".

One distinction that legal outsiders might especially note is that between "pleadings" and "papers". Anything filed with the court that is not a "pleading" is a mere "paper".

Finally, Black's Law Dictionary, Revised Fourth Edition, page 1311 notes that the "oral advocacy of a client's cause in court, by his barrister or counsel, is sometimes called "pleading;" but this is a popular, rather than technical, use."

William Snow Hume, CPA, JD williamsnowhume@yahoo.com

This page had become rather a mess, with all of the text appearing twice. I cut off the "second coming" and added a few cites to U.S. law. Can somebody fill in the English, etc.? Piledhigheranddeeper 22:00, 8 November 2007 (UTC)

[edit] What is a "special defence"?

In the Angelika Kluk case, the defendant (accused of rape and murder) is making a "special defence" that while he did have sex with the victim (Kluk), that sex was consensual. This phrase seems to be being used in a very precise way (as at the bottom of this BBC page) which leads me to think that it may well be a specific legal term - yet I have seen no explanation of it, and we are left to infer from context something that may not be entirely accurate. This case is being held in Scotland, so perhaps the phrase is only used in Scots law? 86.132.138.42 01:25, 14 April 2007 (UTC)