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A negating defense is one which tends to disprove an element of the plaintiff's or prosecutor's case. An example might be a mistake of fact claim in a prosecution for intentional drug possession, where the defendant asserts that he or she mistakenly believed that the object possessed was an innocent substance.
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
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).
Refers to one legally competent to manage his own affairs. Also spelled sui iuris. suo motu: of its own motion Refers to a court or other official agency taking some action on its own accord (synonyms: ex proprio motu, ex mero motu). Similar to sua sponte. supersedeas: refrain from
The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a complaint. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ of mandamus or habeas corpus, custody of a child, or probate of a will, is instead called a petition.
If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient." [ 4 ] This has been explained as being intended to accommodate "alternative theories" in cases where "the exact nature of the facts is in doubt" or the pleading party "does not know which of the alternatives is true or can be established by ...
An unpaired word is one that, according to the usual rules of the language, would appear to have a related word but does not. [1] Such words usually have a prefix or suffix that would imply that there is an antonym, with the prefix or suffix being absent or opposite.
Pro se legal representation (/ ˌ p r oʊ ˈ s iː / or / ˌ p r oʊ ˈ s eɪ /) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney. The term pro se comes from Latin pro se, meaning "for oneself" or ...