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Conjunctive grammars are a class of formal grammars studied in formal language theory. They extend the basic type of grammars, the context-free grammars , with a conjunction operation. Besides explicit conjunction, conjunctive grammars allow implicit disjunction represented by multiple rules for a single nonterminal symbol, which is the only ...
The presupposition is called "complex" if it is a conjunctive proposition, a disjunctive proposition, or a conditional proposition. It could also be another type of proposition that contains some logical connective in a way that makes it have several parts that are component propositions. [1]
The Twombly court criticized the modern notice pleading standard derived from the landmark 1957 Conley v. Gibson decision, which had ruled that a complaint should not be dismissed at the pleading stage, "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief". [8]
In 2007, the United States Supreme Court overruled Conley, creating a new, stricter standard of a pleading's required specificity.Under the standard the Court set forth in Conley, a complaint need only state facts which make it "conceivable" that it could prove its legal claims—that is, that a court could only dismiss a claim if it appeared, beyond a doubt, that the plaintiff would be able ...
Such exchanges are not technically part of the pleading process, and parties are not encouraged to take points on any discrepancy between pre-action correspondence and the formal statements of case. Their function is to facilitate out-of-court approaches to resolving the dispute, or identifying the issues that divide the parties.
The Supreme Court at first took little interest in exercising the new powers granted to the Court by the Act. [17] Then in January 1935, Charles Edward Clark, the dean of Yale Law School, published an article arguing that federal procedural reform had to include a full merger of law and equity, as had occurred in many code pleading states. [17]
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]
A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. Since the demurrer procedure required an immediate ...