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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.
Special pleading is an informal fallacy wherein a person claims an exception to a general or universal principle, but the exception is unjustified. [1] [2] [3] [4] [5 ...
In law, a plea is a defendant's response to a criminal charge. [1] A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).
Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority (roughly 90%) [29] of criminal cases in the United States are settled by plea bargain rather than by a jury trial. [30] Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules.
Occasionally, such arguments can be confusing to some people, who perceive a self-contradiction or lack of honesty. [1] Generally speaking, this is a case of mistakenly thinking the argument claims both alternatives are true, when in reality it is claiming only that one or the other of them must be. But arguing in the alternative certainly ...
Closing arguments began Tuesday in the People of the State of New York v. Donald J. Trump, with the former president's lawyer maintaining his client is innocent while casting prosecutors' key ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted. [3] The plea prevents inconsistent decisions and the reopening of litigation. [3] The limitations of these pleas have been circumscribed by various legal cases and appeals. [4]