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Pleading

Complainant or Plaintiff

Respondent or Defendant

Cause of action

Defenses

Bernadette S. Guerra

University of Makati

Professor June Hebrew

May 2, 2021

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Pleading

Complainant or Plaintiff

Respondent or Defendant

Cause of action

Defenses

Pleading, in law, written presentation by a litigant in a lawsuit setting forth the facts upon which he claims

legal relief or challenges the claims of his opponent. A pleading includes claims and counterclaims but not the

evidence by which the litigant intends to prove his case. Pleadings are formal written documents that are filed with

the court as part of a civil lawsuit. Pleadings become part of the case file, and which means they are a public record

unless ordered sealed by the court.The court's procedural rules tell you what needs to be included in a pleading, how

it should look, where it should be filed, whether there are any filing fees, and so on. Usually, no matter the

jurisdiction, a pleading must contain the name of the court, the title of the lawsuit known as the caption and the

docket number, if one has been assigned.

Plaintiff or Complainant is the party who brings a legal action or in whose name it is brought as opposed to

the defendant, the party who is being sued. The term corresponds to petitioner in equity and civil law and to libelant

in admiralty. A plaintiff is the party who initiates a lawsuit also known as an action before a court. By doing so, the

plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and

make the appropriate court order for damages. The defendant in a lawsuit is the person against whom the action is

brought, by the plaintiff. A defendant in an arbitration case or a divorce case is called the respondent.Respondent is

a person who gives a response or answer to a question that is asked especially as part of a survey. The cause of action

is the heart of the complaint, which is the Pleading that initiates a lawsuit. The cause of action is often stated in the

form of a syllogism, a form of deductive reasoning that begins with a major premise proceeds to a minor premise

and ends with a conclusion. Legal defenses fall into two broad categories: justifications and excuses. Both categories

of defenses acknowledge that the criminal act was committed. Justification defenses examine the circumstances
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existing at the time the act was committed, and excuse defenses examine the defendant’s mental state or beliefs at

the time the act was committed. Not every defense fits perfectly within one category or the other and legal scholars

sometimes disagree about whether a defense is justified or excused. In civil proceedings and criminal prosecutions

under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability.Other parts

of the defense include the opening and closing arguments and the cross-examination during the prosecution phase.

References:

https://lawshelf.com/videocoursesmoduleview/defenses-module-5-of-5/

https://www.lawnn.com/pleadings

https://www.google.com/search?q=defenses&rlz=1C1CHBF_enPH921PH921&biw

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