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Negative Pregnant
A negative pregnant (sometimes called a pregnant denial) refers to a denial which implies its affirmative opposite by seeming to deny only a qualification of the allegation and not the allegation itself. For example, "I deny that I owe the plaintiff five hundred dollars" might imply that the person making the statement owes some other sum of money, and was only denying that they owe that particular amount. A negative pregnant which appears in pleadings will often elicit a request for further and better particulars, or an interrogatory. In order to avoid a negative pregnant in the above example, one might instead say, "I deny that I owe the plaintiff five hundred dollars, or any other sum of money." The issue can also arise in the context of statutory interpretation. For instance, Justice Thurgood Marshall argues in his dissent to ''EEOC v. Aramco'' that the presumption against extraterritoriality is rebutted by a negative inference from the alien-exemption provision of Title V ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern Pleading (England and Wales), pleading in England and Wales. Federal Rules of Civil Procedure govern Pleading (United States), pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Pleading in early American law was done through common law writs (for example ''demurrer''). Under the Federal Rules of Civil Procedure a ''complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Further And Better Particulars
In pleading, further and better particulars refers to additional information required to provide sufficient accuracy with respect to a set of pleaded facts in an earlier document. The party who believes that the facts are insufficiently pleaded will issue a ''request for further and better particulars'' or a ''more particular statement'' of the relevant document. An insufficiently pleaded allegation would otherwise cause difficulty to reply to. An example of an insufficiently particularised allegation in a pleading might be: *"Between the months of June and August, the Plaintiff repeatedly complained to members of the Defendant's family that the Defendant's family's dogs were trespassing on his property." If the Defendant was aware of only two complaints that the Plaintiff had made to his wife, which related to a dog otherwise unconnected with the lawsuit, the Defendant would be very unwise to admit the allegation. Similarly, to either "not admit" or deny the allegation would in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interrogatory
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case. Use Interrogatories are used to gain information from the other party relevant to the issues in a lawsuit. The law and issues will differ depending upon the facts of a case and the laws of the jurisdiction in which a lawsuit is filed. For some types of cases there are standard sets of interrogatories available that cover the essential facts, and may be modified for the case in which they are used. When a lawsuit is filed, the pleadings filed by the parties are intended to let the other parties know what each side intends to prove at trial, and what legal case they have to answer. However, in most cases, the parties will require additional information to fully understand each othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically English law#Common law, England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thurgood Marshall
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall coordinated the assault on racial segregation in schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in ''Brown v. Board of Education'', which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative. Born in Baltimore, Maryland, Marshall attended Lincoln University and the Howard Universi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extraterritoriality
In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places, such as the immunity granted to diplomatic missions, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and government, the persons and belongings of ambassadors and other diplomats, and ships in international waters. Forms In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction. As people move between borders, this led, in the framework of a territorial jurisdiction, to certain persons being under the laws of countries in w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title VII Of The Civil Rights Act Of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history". Initially, powers given to enforce the act were weak, but these were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One (section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment, and its duty to protect voting rights under the Fifteenth Amendment. The legislation was proposed by President John F. Kennedy in June 1963, but it was opposed by f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
