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Simple English definitions for legal terms
want of amicable demand
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A quick definition of want of amicable demand:
In Louisiana law, "want of amicable demand" is when a defendant tries to avoid, delay, or defeat a plaintiff's case. They can do this by refusing to participate, seeking to delay the case, or trying to dismiss it. This is called a defensive pleading. An exception is when a party objects to a court ruling and wants to appeal it. A declinatory exception is when a party objects to the court's jurisdiction, while a dilatory exception is when they want to delay the case. A peremptory exception is when a defendant claims there is no legal remedy for the plaintiff's injury or that the claim is barred by res judicata or prescription. A special exception is a specific objection to a pleading.A more thorough explanation:
Want of amicable demand is a term used in Louisiana law to describe a defensive pleading made by a defendant who wants to avoid, delay, or defeat the plaintiff's petition. There are three types of want of amicable demand:
- Declinatory exception: A defendant may refuse to participate in the suit.
- Dilatory exception: A defendant may seek to delay the litigation in the suit.
- Peremptory exception: A defendant may seek to dismiss or defeat the suit.
For example, a defendant may file a peremptory exception if they believe that the plaintiff's claim is barred by the statute of limitations.
These exceptions are used by defendants to protect their rights and interests in a legal case. They allow defendants to challenge the plaintiff's claims and to seek a favorable outcome in the case.