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Simple English definitions for legal terms
general denial
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A quick definition of general denial:
General Denial: When someone is accused of something in a legal case, they can respond with a general denial. This means they are saying they didn't do anything wrong, but they are not specifically denying any of the accusations. It's like saying "I didn't do it" without explaining why. This is allowed by a rule called Federal Rule of Civil Procedure 8(b)(3).
A more thorough explanation:
Definition: A general denial is a response to a legal complaint where a party denies all the allegations made against them without specifically denying any of them.
According to Federal Rule of Civil Procedure 8(b)(3), a party can use a general denial when they intend to deny all the allegations in good faith. This means that they do not have to provide a specific response to each allegation made against them.
For example, if someone sues another person for breach of contract, the defendant may respond with a general denial, stating that they deny all the allegations made against them without specifically denying any of them.
It is important to note that a general denial is not considered an affirmative defense to the allegations made against the defendant. If the defendant wants to raise an affirmative defense, they must do so separately.
For instance, if a defendant is sued for negligence, they may use a general denial to deny all the allegations made against them. However, if they want to raise an affirmative defense, such as contributory negligence, they must do so separately.