LSDefine
Simple English definitions for legal terms
A quick definition of argumentative pleading:
Argumentative pleading is a type of legal document where a party in a lawsuit makes statements instead of presenting facts, forcing the court to search for supporting evidence. This type of pleading is not helpful in court and can be seen as a way to delay the
legal process. Pleadings are formal documents that parties use to present their claims or defenses in a
legal proceeding. They can be amended or supplemented to correct errors or add new
information. There are different types of pleadings, such as
alternative pleading, which allows a party to allege two or more
independent claims or defenses that are not necessarily consistent with each other.
Notice pleading is a procedural system that requires a short and plain statement of the claim showing that the pleader is entitled to relief, and not a complete detailing of all the facts.
A more thorough explanation:
Definition: Argumentative pleading is a type of legal document where a party in a civil lawsuit presents allegations or claims that force the court to infer or hunt for supporting facts instead of presenting clear and concise facts.
Example: If a plaintiff files a complaint that simply states "the defendant acted negligently," without providing any specific facts or evidence to support the claim, it would be considered argumentative pleading. The court would have to infer what the plaintiff means by "negligently" and what specific actions the defendant took that were negligent.
This type of pleading is not effective because it does not clearly state the facts and evidence that support the party's claims. It can also waste the court's time and resources by forcing them to hunt for supporting facts instead of presenting them clearly.
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