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The pleadings are contained in various Statements of Case - usually the Claim and any associated Particulars of Claim, the Defence, and an optional reply to the Defence. The Claim, Particulars of Claim, and Defence, are broadly equivalent to the Summons, Complaint and Answer filed in some other jurisdictions). The pleadings set out succinctly ...
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
That was, I think, the case here. As I read the pleadings, and the way the case was put to the Judge, Mr. Bradshaw was complaining of negligence and nothing more. The clause therefore avails to exempt the warehousemen, provided always that it was part of the contract. This brings me to the question whether this clause was part of the contract. Mr.
Lipkin Gorman v Karpnale Ltd [1988] UKHL 12 (6 June 1991) is a foundational English unjust enrichment case. The House of Lords unanimously established that the basis of an action for money had and received is the principle of unjust enrichment, and that an award of restitution is subject to a defence of change of position.
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] 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 statement of damages claimed (an ad quod damnum clause).
A statement of case is any of a number of formal documents used in the courts of England and Wales under the Civil Procedure Rules (or CPR). The Claim Form (which may also include summary or all the particulars of claim , Defence and Response are all statements of case.
As part of its inquiry, the defendant may be asked to state on the record whether he or she agrees with, or in the case of a nolo contendere plea, does not contest, the factual basis as proffered. (b) Whenever a defendant pleads nolo contendere or pleads guilty and simultaneously denies culpability, the court should take special care to make ...
Special pleas in federal criminal cases have been abolished, and defenses formerly raised by special pleas are now raised by motion to dismiss. A conditional plea is one where the defendant pleads guilty to the offense but expressly reserves the right to appeal certain aspects of the charges (for example, that the evidence was illegally obtained).
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