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Simple English definitions for legal terms
alternative pleading
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A quick definition of alternative pleading:
Alternative pleading is when someone in a court case says two or more things that don't make sense together. This is allowed because sometimes the person doesn't know exactly what happened yet. They don't want to lose their chance to win, so they say different things that could be true. For example, if someone got hurt in a car accident, they might say that the other driver did it on purpose or that they just made a mistake. Both sides can do this. It's allowed in the rules of the court.
A more thorough explanation:
Alternative pleading is a legal term that means a party can make two or more claims that are inconsistent with each other. This is important because sometimes a party may not know which claim is the strongest until they have gathered more evidence.
For example, if someone is in a car accident, they may not know if the other driver hit them on purpose or by accident. To make sure they can recover damages, they can plead both that the other driver intentionally hit them and that the other driver was negligent.
Both the plaintiff (the person bringing the lawsuit) and the defendant (the person being sued) can use alternative pleading. This is allowed under Rule 8(d) of the Federal Rules of Civil Procedure in the United States.
Alternative pleading is important because if a party doesn't plead their claims correctly, the lawsuit can be dismissed. By allowing alternative pleading, parties can make sure they don't lose a viable claim just because they weren't sure which one was the strongest at the beginning of the case.
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