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Alternative pleading (or pleading in the alternative) is the legal term [1] [2] in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction.
Originating in the legal profession, argument in the alternative is a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other than the advocate's. [1]
If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. A party may state inconsistent (even mutually exclusive) claims or defenses. In addition to notice pleading, a minority of states ( e.g. , California ) use an intermediate system known as code pleading , which is a system older than notice ...
In alternative pleading, legal fiction is employed to permit a party to argue two mutually exclusive possibilities, for example, submitting an injury complaint alleging that the harm to the plaintiff caused by the defendant was so outrageous that it must have either been intended as a malicious attack or, if not, must have been due to gross ...
The California mom who pleaded guilty to running an organized retail crime ring that stole millions of dollars in beauty products from Ulta Beauty and Sephora to resell on Amazon will now have to ...
In United States law, an Alford plea, also called a Kennedy plea in West Virginia, [1] an Alford guilty plea, [2] [3] [4] and the Alford doctrine, [5] [6] [7] is a guilty plea in criminal court, [8] [9] [10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.
This Cleveland man is pleading for safety, coverage after 3 cars crash into his home in 10 years — says insurers ‘jacked’ the rates, won’t touch him. He’s taking matters into his own hands
Two insurance companies have asked a court to block a $19.7 million claim by owners of more than two dozen forged Jean-Michel Basquiat paintings that were seized during an FBI raid at the Orlando ...