Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

special pleading

Read a random definition: cosen

A quick definition of special pleading:

Special pleading is a way of arguing that is unfair because it only includes facts and information that support the person's point of view. It is also a legal term that refers to a complicated system of exchanging court papers before a case can be tried. This system often led to cases being decided on technicalities rather than the actual facts of the case.

A more thorough explanation:

Special pleading is a legal term that refers to the common-law system of pleading. This system required parties to exchange a series of court papers, such as replications, rebutters, and surrebutters, setting out their contentions in accordance with hypertechnical rules before a case could be tried. Often, cases were decided on points of pleading and not on the merits.

Special pleading can also refer to the art of drafting pleadings under this system or an instance of drafting such a pleading. It can also refer to a responsive pleading that does more than merely deny allegations, as by introducing new matter to justify an otherwise blameworthy act.

Another meaning of special pleading is an argument that is unfairly slanted toward the speaker's viewpoint because it omits unfavorable facts or authorities and develops only favorable ones.

Example 1: In a court case, the defendant argues that they should not be held responsible for a car accident because the other driver was texting while driving. However, the defendant fails to mention that they were also speeding at the time of the accident. This is an example of special pleading because the defendant is omitting unfavorable facts to make their argument seem stronger.

Example 2: A student argues with their teacher that they should not receive a failing grade because they were going through a difficult time at home. However, the student fails to mention that they did not turn in any assignments and missed several classes. This is an example of special pleading because the student is omitting unfavorable facts to make their argument seem stronger.

These examples illustrate how special pleading can be used to unfairly manipulate an argument by omitting unfavorable facts or authorities and developing only favorable ones.

special pleader | special plea in bar

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
14:16
^ gets it
lilypadfrog
14:16
https://www.lsd.law/users/creep/cryptanon this is one of the guys who made the website
14:16
@lilypadfrog: wow more recent than i would have wagered
14:17
how is it so that I creep a rando and their app year is 2005-2005?
14:17
2005-2006* for example
renard99
14:18
^ find that rando in your circle and ask them where they've stored all their cycle letters
ReminiscentZestyFish
14:18
Vandy??
renard99
14:18
Possibly in a dark corner of the attic in a box
VANDY
soyalmondoatmilk
14:18
vandy A let's gooooo
all the Vandy
ReminiscentZestyFish
14:18
Aint no way
jackfrost11770
14:19
Wow that's awesome nothing from vandy
GreyCeaselessMammoth
14:19
what
GreyCeaselessMammoth
14:19
fuck
renard99
14:19
@soyalmondoatmilk: Congratulations!!!
jackfrost11770
14:19
I applied in November
jackfrost11770
14:19
Idk when the As did
GreyCeaselessMammoth
14:19
does anyone know if they usually release all at once or waht
nothing
jackfrost11770
14:20
Well I hope not otherwise I'm screwed
jackfrost11770
14:21
Anderson cooper PLEASEEEEE
For ED and their last wave of decisions it was an email all at once
GreyCeaselessMammoth
14:22
ugh
gonna go cry
jackfrost11770
14:22
Ugh
jackfrost11770
14:22
:(
ReminiscentZestyFish
14:23
Small ahh wave
GreyCeaselessMammoth
14:23
yeah the smallness of this wave makes me think there might be more to come? am i being crazy? only one wave a month it should be a tsunami rn
14:24
@jackfrost11770: chillll it still early in the cycle, especially relative to this and last yearrrr
LSD+ is ad-free, with DMs, discounts, case briefs & more.