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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.
Judicial economy or procedural economy [1] [2] [3] is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case.
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]
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]
"The tiger (Subject) is (Copula) a four-footed (Immediate Predicate) animal." (Mediate Predicate) {"The tiger} is {a four-footed} animal." (Subject) (Copula) {(Immediate Predicate)} {(Mediate Predicate)} In order to have clear knowledge of the relation between a predicate and a subject, I can consider a predicate to be a mediate predicate. Between this mediate predicate or attribute, I can ...
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 ...
In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant.
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 ...