Simple English definitions for legal terms
Read a random definition: in facto praestando
A general issue is a point in dispute between two or more parties. It is a plea by which a party denies the truth of every material allegation in an opposing party's pleading. This denial enables the defendant to contest most of the allegations without specific averments of the defense to be asserted. An issue of fact is a point supported by one party's evidence and controverted by another's, while an issue of law is a point on which the evidence is undisputed, and the outcome depends on the court's interpretation of the law.
Definition: A point in dispute between two or more parties. In legal terms, it refers to a plea or denial of every material allegation in an opposing party's pleading. It is a matter affirmed on one side and denied on the other, and when a fact is alleged in the complaint and denied in the answer, the matter is then put in issue between the parties.
Example: In a court case, the general issue is a denial of the legal conclusion sought to be drawn from the plaintiff's declaration. It denies the defendant's liability and enables them to contest most of the allegations that the plaintiff may be required to prove to sustain their action. For instance, if a plaintiff sues a defendant for breach of contract, the defendant may use the general issue to deny the existence of a contract between them.
Explanation: The general issue is a legal term used to describe a plea or denial of every material allegation in an opposing party's pleading. It is a fundamental issue that arises in a court case and requires a court's decision. The example illustrates how a defendant can use the general issue to deny the existence of a contract between them and the plaintiff, which is a material allegation in the plaintiff's complaint. By doing so, the defendant contests the plaintiff's claim and forces them to prove the existence of a contract to sustain their action.