{"id":7228,"date":"2017-11-07T23:12:21","date_gmt":"2017-11-07T23:12:21","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7228"},"modified":"2017-11-09T17:22:49","modified_gmt":"2017-11-09T17:22:49","slug":"common-law-pleadings","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7228","title":{"rendered":"Common Law Pleadings"},"content":{"rendered":"

More information coming soon.<\/span><\/strong><\/span><\/p>\n

color<\/span>:<\/strong><\/span><\/p>\n

“<\/strong>Common\u00a0<\/em>law pleading<\/em>. An apparent, but legally insufficient, right or ground of action, admitted in a defendant\u2019s pleading to\u00a0<\/strong>exist for the plaintiff; esp., a plaintiff\u2019s apparent<\/strong> (and usu. false) right or title to property, the existence of which is pleaded by the defendant and then attacked as defective, as part of a confession and avoidance to remove the case\u00a0<\/strong>from the jury by turning the issue from one of fact to one of law<\/strong>.“<\/strong> [1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0William Blackstone’s\u00a0Commentaries on the Laws of England<\/a><\/em>:<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cIt is a rule of pleading, that no man be allowed to plead specially such a plea as amounts only to the general issue, or a total denial of the charge; but in such case he shall be driven to plead the general issue in terms, whereby the whole question is referred to a jury. \u00a0But if the defendant<\/a>, in an assise or action of trespass<\/a>, be desirous to refer the validity of his title to the court rather than the jury, he may state his title specially, and at the same time give colour\u00a0<\/span><\/strong>to the plaintiff<\/a>, or suppose him to have an appearance or colour of title, bad indeed in point of law, but of which the\u00a0<\/strong><\/span>jury are not competent judges. As if his own true title be, that he claims by feoffment with livery from A, by force of which he entered on the lands in question, he cannot plead<\/a> this by itself, as it amounts to no more than the general issue . . . not guilty in an action of trespass<\/a>. \u00a0But he may allege this specially, provided he goes farther and says, that the plaintiff claiming by colour of a prior deed of feoffment, without livery, entered; upon whom he entered; and may then refer himself to the judgment of the court which of these two titles is the best in point of law.<\/span>\u201d <\/strong>[2]<\/span><\/p>\n

give color<\/span>:<\/strong><\/span><\/p>\n

“<\/strong>vb..(16c) Hist<\/em>. To admit, either expressly or impliedly\u2018 by silence, that an opponent\u2019s allegations appear to be meritorious.\u00a0 *\u00a0 In common-law pleading, a defendant\u2019s plea of confession and avoidance had to give color to the plaintiff\u2019s allegations in the complaint or the plea would be fatally defective.<\/strong>“<\/span><\/p>\n

References:<\/strong><\/span><\/p>\n

[1]:\u00a0All definitions from:\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0<\/i>by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

[2]:\u00a03 William Black stone, Commentaries on the Laws of England<\/a><\/em> 309 (1768)<\/strong><\/span><\/p>\n

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Other \u00a7 of The Public Intelligence Agency<\/a> include:<\/strong><\/span><\/p>\n

Legal Precepts Adopted into U.S. Law (from Europe) through the Constitution<\/a><\/strong><\/span><\/p>\n

Common Law<\/a><\/strong><\/span><\/p>\n

Admiralty Law<\/a><\/strong><\/span><\/p>\n

Sections of Law Embedded into the U.S. Constitution Pursuant to the American Revolution<\/a><\/strong><\/span><\/p>\n

Indian Country Law<\/a><\/strong><\/span><\/p>\n

Intro To Law<\/a><\/strong><\/span><\/p>\n

Pro Se Legal Self-Help<\/a><\/strong><\/span><\/p>\n

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