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LSDefine
Simple English definitions for legal terms
formulary procedure
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A quick definition of formulary procedure:
Formulary procedure is an old way of doing things in law where people had to follow specific rules and use certain words, even if they weren't true. This way of doing things was replaced in the 19th century. Pleading is a formal document where someone in a legal case says what they think happened or responds to what someone else said. There are different types of pleadings, like an amended pleading that fixes mistakes or a responsive pleading that answers what someone else said. Pleading can also refer to the process of defining and narrowing the issues in a lawsuit. There are different ways of pleading, like code pleading where you only state the facts, or notice pleading where you only give a short and simple statement.A more thorough explanation:
Definition: Formulary procedure is a historical common-law method of pleading and practice that required strict compliance with accepted forms of action, even if through elaborate fictions. It was replaced in the 19th century in both the United States and England by code pleading.
Example: Under formulary procedure, a plaintiff had to use a specific form of action, such as trespass or trover, to bring a claim, even if the facts of the case did not fit neatly into that form. For example, if a plaintiff wanted to sue for damages caused by a neighbor's noisy party, they would have to use the form of action for nuisance, even if the noise did not fit the traditional definition of nuisance.
Explanation: This example illustrates how formulary procedure required strict adherence to specific forms of action, even if they did not fit the facts of the case perfectly. This often led to elaborate fictions and legal gymnastics to fit the facts into the required form.