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Simple English definitions for legal terms
give color
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A quick definition of give color:
Term: Give Color
Definition: Give color means to admit that an opponent's allegations seem to be true. In the past, in legal cases, a defendant had to give color to the plaintiff's allegations in their plea, or it would be considered invalid. Color can also refer to an apparent, but legally insufficient, right or ground of action that is admitted to exist for the plaintiff. This is often used in a defendant's confession and avoidance plea to remove the case from the jury by turning the issue from one of fact to one of law. There are two types of color: express color, which is a fictitious allegation to give an appearance of right to the plaintiff, and implied color, which is a tacit admission of a plaintiff's prima facie case by failing to deny it or an apparent ground of action that arises from the nature of the defense.
A more thorough explanation:
Definition: Give color is a legal term that means to admit, either expressly or impliedly, that an opponent's allegations appear to be meritorious. In common-law pleading, a defendant's plea of confession and avoidance had to give color to the plaintiff's allegations in the complaint or the plea would be fatally defective.
Example: If a plaintiff sues a defendant for trespassing on their land, the defendant may give color by admitting that the plaintiff appears to have a right to the land but then claim that their own right to the land is superior. This allows the defendant to plead their own title to the land, which would otherwise be considered a general denial of the charge.
This example illustrates how give color is used in common-law pleading to allow a defendant to admit the plaintiff's apparent right to something while still asserting their own superior right.