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pleading in the alternative

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Explanation of "Pleading in the Alternative"

Definition: "Pleading in the alternative" is a legal term used in law. It refers to a situation where someone presents two or more separate claims or facts in legal documents, and they are not sure which one is correct. This makes it hard to tell which claim the person really wants to focus on.

Usage Instructions
  • Context: You will mainly use this term in a legal context, particularly in court cases or legal documents.
  • Structure: When you write a pleading in the alternative, you present different options, often using phrases like "if... then..." to show the different scenarios.
Example
  • Simple Example: "In her lawsuit, she claimed that either the company fired her unfairly or that the company's policy was not followed."
  • In this case, she is using "pleading in the alternative" because she is not sure which reason applies, but she wants to present both.
Advanced Usage
  • In more complex legal scenarios, a lawyer might say, "We are pleading in the alternative to ensure that if one claim is dismissed, the other may still stand." This shows strategy in navigating legal claims.
Word Variants
  • Plead (verb): To make a statement in a court of law.
  • Pleading (noun): A formal statement of the cause of an action or defense.
Different Meanings
  • Pleading can also refer to the act of asking for something in an emotional way, such as pleading with someone to help you.
Synonyms
  • Alternative pleading: Another way to say the same thing.
  • Conditional pleading: This emphasizes that the claims depend on certain conditions.
Related Idioms and Phrasal Verbs
  • "To plead one's case": This means to argue in support of your position or claim.
  • "Plead the fifth": This is an idiom in the United States where someone refuses to answer questions to avoid self-incrimination.
Summary

"Pleading in the alternative" is a legal term that helps people present multiple possibilities in a case when they are unsure which one is true. It is a strategy used in law to ensure that different claims can still be considered, even if one is dismissed.

Noun
  1. a pleading that alleges facts so separate that it is difficult to determine which facts the person intends to rely on

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