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Scope of the Subject of Pleading


SCOPE OF THE SUBJECT OF PLEADING. The word plea, or pleading, is used in various significations ; thus it may mean to litigate or carry on a suit or action. In a stricter sense it means that part of an action consisting in the allegations of the respective parties. And in a more strict sense to make an allegation of fact in a cause. And in its most limited sense, a plea is the allegation of fact made by the defendant as an answer to the declaration of the plaintiff in an action. But the expression, pleading, as a branch of the law, or when coupled with the word practice, as pleading and practice, means more than the draughting the usual forms of written statements of the respective parties in a suit; more than the state ments themselves, and the oral advocacy of a cause in court, and may be said to include the whole science of conducting a cause from its commencement to its fin ish; thus the selection of the proper tribunal, with the requisite jurisdiction; the choosing of the appropriate form of action; making of the essential allegations to constitute the wrong complained of or a good cause of action; the application of the rules of correct plead ing in the formulation of the issue to be submitted to the tribunal, as well as the observance of the various rules of court providing the method of commencing, conducting and terminating a suit at law.

action and sense