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Simple English definitions for legal terms
special traverse
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A quick definition of special traverse:
A special traverse is a type of legal pleading where one party denies a specific fact alleged by the opposing party. It includes an explanation or qualification of the denial and has three parts: an introduction, the denial, and a verification. This is different from a general traverse, which denies all the facts in the opposing party's pleading, and a common traverse, which denies a specific fact and includes a formal offer for decision of the point denied.
A more thorough explanation:
A special traverse is a type of legal pleading that denies one specific fact in an opponent's argument. It is used in common law cases to challenge the accuracy of a particular claim made by the opposing party.
For example, if one party claims that the other party breached a contract, the other party may file a special traverse denying that they breached the contract, but admitting that they did not fulfill one specific aspect of the contract.
This type of pleading is different from a general traverse, which denies all the facts in the opponent's argument, and a common traverse, which denies a specific fact but also offers a formal offer for decision of the point denied.
Overall, a special traverse is a way for a party to challenge the accuracy of a specific claim made by the opposing party, while still admitting to other aspects of the case.