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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.
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]
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 ...
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 ...
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]
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.
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 ...