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When a presupposition includes an admission of wrongdoing, it is called a "loaded question" and is a form of entrapment in legal trials or debates. The presupposition is called "complex" if it is a conjunctive proposition, a disjunctive proposition, or a conditional proposition.
Disjunctive allegations are allegations in a pleading joined by an "or". In a complaint, disjunctive allegations are usually per se defective because such a pleading does not put the party on notice of which allegations they must defend. [1] On the other hand, defendants often plead in the alternative by listing seemingly inconsistent defenses ...
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 logical connective expressible in context-free grammars. Conjunction can be used, in ...
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]
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]
An additional claim is treated as a normal claim unless Part 20 otherwise provides, so the rules on contents of claim forms, Particulars of Claim, Defences and Replies apply accordingly, [14] although the title of the statement of case should be modified to make clear who is pleading, and which statement of case, if any, is being responded to.
the form of the verb used is formally nominalised and cannot occur in an independent clause; the clause-final conjunction or suffix attached to the verb is a marker of case and is also used in nouns to indicate certain functions. In this sense, the subordinate clauses of these languages have much in common with postpositional phrases.
Some of the common law pleading states nominally retained the forms of action but declined to adopt code pleading because they had developed their own workarounds for the deficiencies of the common law. For example, Virginia developed its own unique system of "motion pleading", based on a "motion for judgment" which functions like a pleading. [9]