Legal Definitions - general issue

General Issue

In legal terms, "general issue" refers to a defendant's broad denial of the plaintiff's main claims in a lawsuit. When a defendant pleads the general issue, they are essentially stating that they deny all the primary allegations made by the plaintiff, thereby requiring the plaintiff to prove every essential part of their case. This type of plea places the burden squarely on the plaintiff to present sufficient evidence to convince the court or jury that their claims are true. It contrasts with more specific defenses, where a defendant might admit certain facts but offer a legal justification or an alternative explanation.

• Example 1: Contract Dispute

  Imagine a small business owner, Alex, sues a software development company, InnovateTech, claiming that InnovateTech failed to deliver a custom application by the agreed deadline, causing Alex significant financial losses. InnovateTech responds to the lawsuit by pleading the general issue, denying that any contract was breached and asserting that they fulfilled all their obligations.

  Explanation: By pleading the general issue, InnovateTech is not admitting to any part of Alex's claim. Instead, they are broadly denying the entire accusation of breach of contract, forcing Alex to present evidence to prove the existence of the contract, its specific terms, InnovateTech's failure to perform, and the resulting damages.

• Example 2: Personal Injury Claim

  Sarah files a lawsuit against a delivery driver, David, alleging that David's negligent driving caused a car accident that resulted in Sarah's injuries and vehicle damage. David's attorney files a response stating that David denies all allegations of negligence and responsibility for the accident.

  Explanation: This is an example of pleading the general issue. David is not admitting to any negligence or fault. His broad denial means Sarah must present evidence to prove that David was negligent, that his negligence directly caused the accident, and that she suffered the claimed injuries and damages as a direct result.

• Example 3: Property Dispute

  A homeowner, Mr. Chen, sues his neighbor, Ms. Rodriguez, claiming that Ms. Rodriguez has encroached on his property by building a shed that extends beyond her property line. Ms. Rodriguez responds to the lawsuit by denying that her shed is on Mr. Chen's property and asserting that it is entirely within her own boundaries.

  Explanation: Ms. Rodriguez's response constitutes a general issue plea. She is broadly denying the central claim of encroachment, requiring Mr. Chen to provide evidence, such as surveys or property deeds, to prove the exact location of the property line and that Ms. Rodriguez's shed indeed crosses it.