pleading in the alternative
Học thuậtThân thiện
Definition
Noun: A legal pleading in which a party sets forth multiple, mutually inconsistent sets of facts or legal theories to support a claim or defense. The party asserts that even if one set of alleged facts is not proven or accepted by the court, another set should still allow for a favorable ruling.
Usage
This term is used exclusively in formal legal contexts, specifically in civil procedure. It describes a strategic drafting technique in complaints or answers where a party presents alternative and contradictory factual scenarios or legal arguments. Its purpose is to preserve a claim or defense even if some of the alleged facts are later disproven.
Examples
- The plaintiff's complaint included pleading in the alternative, arguing first that a valid contract existed, and alternatively, that if no contract was found, the defendant was unjustly enriched.
- Defense counsel filed an answer with pleading in the alternative, denying the allegations while also asserting that, even if the facts were true, the claim was barred by the statute of limitations.
Advanced Usage
- Permissibility: Under modern rules of civil procedure (e.g., the Federal Rules of Civil Procedure in the United States), pleading in the alternative is explicitly allowed, even if the claims are inconsistent.
- Strategic Purpose: It is a common litigation tactic used when the full facts are unclear during the initial pleading stage or when the applicable law is uncertain. It prevents a case from being dismissed prematurely because one legal theory fails.
Variants and Related Words
- Alternative Pleading (n): A synonymous term for pleading in the alternative.
- Inconsistent Pleadings (n): A broader category that includes pleading in the alternative.
- To Plead in the Alternative (verb phrase): The action of filing such a pleading. (e.g., "The attorney chose .")
Synonyms
- Alternative Allegations
- Inconsistent Pleadings (in a specific, permitted form)
Related Legal Concepts
- Hypothetical Pleading: A related concept where a party states a claim based on a hypothetical set of facts.
- Failure to State a Claim: A motion to dismiss that a pleading in the alternative is often designed to survive.
- Fed. R. Civ. P. 8(d): The specific U.S. federal rule that permits parties to "state as many separate claims or defenses as it has, regardless of consistency."
Noun
- a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on