Pleading

The basic steps in the civil litigation process goes as follows: Pleadings, Discovery, Trial, and appeal. The process begins when someone files a complaint with the court. The defendant then has a set amount of time to answer the complaint and this process is called the pleadings. The next step in the litigation process is the discovery aspect. In this stage each party gathers facts and witnesses in order to support each sides case. Also, during this stage each party can request for certain…

A motion to dismiss under Maryland Rule 2-322(b)(2) tests the sufficiency of the pleadings. Walton v. Network Solutions, 221 Md. App. 656, 665 (2015). A court considering a motion to dismiss for failure to state a claim must assume the truth of all well-pleaded material facts as well as all inferences that can be drawn from them. Conwall Law LLC v. Tung, 221 Md. App. 481, 513 (2015). The material facts which set forth the cause of action “must be pleaded with sufficient specificity.” Id.…

insurance policy and home improvement loan. The plaintiff brought an action to quiet the title to the realty, interposed a demurrer to the answer and cross petition, and moved for judgment on the pleadings. Trial court sustained the demurrer, dismissed cross petition, and granted judgment on the pleadings. ISSUE: Whether Oklahoma “slayer statute,” 84 O.S. 1971 §231 was applicable…

I went in the Palais de Justice of Montreal with José, room 3.11. It was the end of all the trial during the pleadings. It was a criminal trial of Mr. Legault; he was accused of murder and transaction that involved violence. Jean- Michel Legault had some debts and in order to repay them he planned the murder of one of his friend Jeff. Jean- Michel and Jeff had to make an exchange of money and drugs in the west of Montreal. Jean- Michel knew since the beginning that Jeff was coming with money,…

written, produced, and directed by Ofra Bikel, released on June 17, 2004, legal cases are intertwined around the central issue of the justice system failing American people through the use of plea bargains. The main problem is that innocent people are pleading guilty, and they do not necessarily know what making that plea means for them in the future. Another issue is that certain lawyers and judges in the criminal justice system rush to convict people without sufficient evidence to prove beyond…

responsibility, shows no acknowledgment of fault, and, when he is instigated by Hector to join battle, “[comes] down. . . gleaming like amber and laughing in his armor” (Book VI; Lines 539-541). In contrast, Hector is almost noble to a fault. Despite the pleadings of his wife to stay off the battlefield, he quickly respondes that “war is the work of men, of all the Trojan men, and [his] especially (Book VI; Lines 517-518). While Paris uses his privilege to excuse himself from the fight, Hector…

She is told to go to a concert and perform there. She plays a piece called “Pleading Child” by Schumann. There is important symbolism behind this strategically named piece. Jing-mei is the pleading child in the story. She is pleading to be released from her mother’s repeated attempts to turn her into a prodigy. She says to her mother, “Why don’t you like me the way I am? I’m not a genius! I can’t play the…

I was very surprised at the number for people who plead “insanity” was at a staggering less than 1%. I often here of people trying to beat many charges and plan on pleading the insanity plea. I believe that the actual number of people who claim insanity may be scared out of sticking to that plea. I have always thought that pleading insanity will get you less time just in a mental institution; when in fact it would result in a longer stay compared to one at a prison. I can believe that people…

An innocent man was released from jail after thirty years...X celebrity has received a lighter sentence after pleading guilty...These are things heard often on the news, in movies, on the radio. Evidently, plea bargaining is a part of everyday culture. But should it be? The practice of plea-bargaining incarcerates innocent citizens, encourages repetition of crimes, and motivates people into committing misdeeds. Plea-bargaining allows criminals to avoid proper retributive justice for their…

prosecutor and a criminal defendant whereby the defendant pleads guilty or no contest … in exchange for some concession by the prosecutor” (2009, p. 1338). There are three common types of plea agreements, charge bargaining or pleading guilty to a lesser charge, count bargaining or pleading guilty to one or more charges in exchange for additional charges being dropped, and sentence bargaining or receiving leniency in sentencing (Neubauer & Fradella, 2012, pp. 309–311). According to USCourts.gov…