HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
code pleading
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A quick definition of code pleading:
Code pleading is a way of writing down what you want to say in a court case. Instead of saying what you think the law is, you just write down the facts of what happened. This is different from other ways of pleading, where you have to say what you think the law is. Code pleading makes it easier for everyone to understand what the case is about.A more thorough explanation:
Definition: Code pleading is a legal system that requires the plaintiff to only state the facts of the case that gave rise to the claim, without including the legal conclusions necessary to support the claim. This is also known as fact pleading. It is different from issue pleading, which is the common-law method of pleading that aims to frame an issue.
Examples:
- A plaintiff filing a lawsuit under code pleading would only state the facts of the case, such as "On June 1st, the defendant rear-ended my car while I was stopped at a red light."
- Under issue pleading, the plaintiff would need to frame an issue, such as "The defendant was negligent in operating their vehicle, causing damage to my car and personal injury."
These examples illustrate the difference between code pleading and issue pleading. Code pleading only requires the plaintiff to state the facts of the case, while issue pleading requires the plaintiff to frame an issue and include legal conclusions.