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Alternative pleading (or pleading in the alternative) is the legal term [1] [2] in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction.
Originating in the legal profession, argument in the alternative is a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other than the advocate's. [1]
Code pleading sought to abolish the distinction between law and equity. [7] It unified civil procedure for all types of actions as much as possible. The focus shifted from pleading the right form of action (that is, the right procedure) to pleading the right cause of action (that is, a substantive right to be enforced by the law). [8]
Notice pleading is the dominant form of pleading used in the United States today. [2] In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2]
The pleading may simply be an answer, or the defendant may file a demurrer, a motion to dismiss, an objection to venue, a motion for a bill of particulars, or a statement of the defendant's grounds of defense. If the defendant objects to personal jurisdiction, the defendant must make a special appearance to assert either that the court lacks ...
Forum non conveniens (Latin for "an inconvenient forum" [1] [2] [3]) (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and dismisses the case.
Alternative" dispute resolution is usually considered to be alternative to litigation. For example, corporate dispute resolution can involve a customer service department handling disputes about its own products; addressing concerns between consumers and independent, third-party sellers; and participating in a reputation-based enforcement ...
A plea bargaining, also called a plea agreement or negotiated plea, is an alternative and consensual way of criminal case settlement. A plea agreement means settlement of case without main hearing when the defendant agrees to plead guilty in exchange for a lesser charge or for a more lenient sentence or for dismissal of certain related charges.