affirmative pleading

any defensive pleading that affirms facts rather than merely denying the facts alleged by the plaintiff
Topics: ↑law, ↑jurisprudence
Hypernyms: ↑pleading

Useful english dictionary. 2012.

Look at other dictionaries:

  • affirmative defense — see defense 2a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. affirmative defense …   Law dictionary

  • pleading, affirmative — n. An answer filed by a defendant that states the existence of facts that contradict the plaintiff’s allegations, rather than simply denying those allegations. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy… …   Law dictionary

  • affirmative defense — In pleading, matter asserted by defendant which, assuming the complaint to be true, constitutes a defense to it. A response to a plaintiffs claim which attacks the plaintiffs legal right to bring an action, as opposed to attacking the truth of… …   Black's law dictionary

  • affirmative pregnant — In common law pleading, an affirmative allegation implying some negative in favor of the adverse party …   Black's law dictionary

  • affirmative pregnant — An allegation in the affirmative form implying a negative in favor of the adverse party. Such allegations are denounced as bad pleading because they are ambiguous. See Fields v State, 134 Ind 46, 32 NE 780 …   Ballentine's law dictionary

  • affirmative pregnant — noun in pleading : an affirmative allegation implying or not excluding some negative in favor of the adverse party …   Useful english dictionary

  • amended pleading — see pleading 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. amended pleading …   Law dictionary

  • bar — The court, in its strictest sense, sitting in full term. The presence, actual or constructive, of the court. Thus a trial at bar is one had before the full court, distinguished from a trial had before a single judge at nisi prius. So the case at… …   Black's law dictionary

  • declare — In common parlance, to state; to assert; to publish; to utter; to announce; to announce clearly some opinion or resolution. Knecht v Mutual Life Ins. Co. 90 Pa 118, 121; in pleading, to allege or set forth in a declaration or other affirmative… …   Ballentine's law dictionary

  • plea — In common law pleading (now obsolete with adoption of Rules of Civil Procedure) a pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the defendant. In the strictest sense, the answer which the… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.