Professional Documents
Culture Documents
Pleading
Complainant or Plaintiff
Respondent or Defendant
Cause of action
Defenses
Bernadette S. Guerra
University of Makati
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
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