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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 ...
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.
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally, speaking in private, civil cases there is no plea entered of guilt or innocence.
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]
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 ...
The defendant's rights to not plead guilty, and to request a jury trial. The court must ask the defendant if he understands each of these points, and must receive a voluntary affirmative response. Many courts use a script of the questions which the judge will ask the defendant and the defense attorney in a specific order. Failure by the court ...
The appellate court will typically be deferential to the lower court's findings of fact (such as whether a defendant committed a particular act), unless clearly erroneous, and so will focus on the court's application of the law to those facts (such as whether the act found by the court to have occurred fits a legal definition at issue). If the ...
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 ...