Traverse Definition in Legal Terms

In the language of advocacy, a crossing means denial. Thus; When a defendant disputes a material factual allegation in the plaintiff`s statement, he is said to be passing through it, and the plea itself is therefore often referred to as a “crossover.” Chestnut. In criminal practice. Postpone or delay the trial of an indictment to a later date. More correctly to deny or contest an accusation. 4 Bl. Comm. 351. Common crossing. A simple and direct rejection of the essential assertions to the contrary, concluding the country, and without incitement or absque soc-general Traverse.

The one that is preceded by a general incentive and denies in general terms everything that is ultimately claimed by the other party, instead of pursuing the terms of the allegations it denies. Gould, Principal Investigator. VII. 5. Special crossing. A particular form of denial or denial, the conception of which, unlike an ordinary crossing, consists in explaining or qualifying the denial rather than bringing it into the direct and absolute form. It consists of an affirmative part and a negative part, the first stating the new positive question, which tends to explain or qualify the rejection and is technically called “incitement”, and the second represents the direct refusal itself and is technically called “absque hoc”. Jury crosses. A small jury; a jury; A jury that is set up to hear a prosecution or indictment, as opposed to a grand jury.

Cross-referencing of the indictment or presentation. The confrontation and rejection or negation of a main point of it. Jacob. Cross the office. Proof that an inquisition of land or property by the Escheator is erroneous and false. Tomlins. This is the challenge of an official investigation by a subject that is flawed and made false. Mozley & Whitley.

Cross on a crossing. One develops from the same point or theme that is assumed in a previous crossing on the other side. Article URL:courtstreetlaw.com/what-is-a-traverse-hearing-and-why-is-it-important/ Middle English travers, from Anglo-French travers (as in a travers, from travers across), from Latin transversum (as transversely defined as transversum), neuter from transversus transverse; sense 5â9 in part of crossing entrance 1 â plus at the transverse entrance 1 Anglo-French cross, literally lie down, barr, prevent, from Old French, from late Latin transversare traverser, from Latin transversus lying through A term for the negation of an essential allegation made by the opposing party, usually during the plea. If a defendant disputes a factual allegation that is crucial to the plaintiff`s case, it is said to “go through,” and the cause of action itself may then be called a “transit.” Farms can be divided into general farms and special farms. There is a third type called common crossing. The common law pleading system has been replaced throughout the United States by the advocacy code and rules modeled on the pleading system in federal civil procedure, but lawyers still use the word traverse for a refusal. In some cases, it has taken on special meanings for different purposes. For example, a violation of criminal practice is a denial of the charges contained in an indictment, which usually results in a trial of the indictment being postponed to a later session of the court. A cross-cutting jury is one that hears the plaintiff`s claims and the defendant`s dismissal – a trial jury or a small jury.

A trellis hearing can be a pre-trial hearing to determine whether the court has jurisdiction to hear the case — as if the defendant were denying that the plaintiff`s subpoena and complaint were properly served. It is a technical term meaning “turnover”: it applies to a case dealt with on the basis of an indictment of an offence and means nothing more than the postponement or postponement of the trial to a meeting or a subsequent meeting; It has been applied, perhaps with more decency, to the rejection or challenge of an indictment, without reference to the delay in the trial. This term, from the French traverser, means to deny or deny everything alleged in the statement, plea, repetition or other pleadings. There is no real distinction between farms and denials, they are essentially the same, but a crossing in the strict technical sense and the more common acceptance of the term means direct denial in formal words, “without it”, etc. In cases where the first crossing is insignificant, there may be one crossing on a crossing. And where the applicant could be excluded from a right or freedom granted by law, there may be a crossing on a crossing, although the first crossing contains the essentials. For example, a plaintiff could sue to recover money he claimed the defendant owed him. If the defendant responded to the plaintiff`s claim by stating that he had not paid the money due by the due date, this is a denial of a fact essential to the plaintiff`s case. It can be said that the defendant exceeds the plaintiff`s declaration of unpaid debt, and its plea itself could be called a sleeper. TRAVERSE, pleading. This term, from the French transiter, means to deny or deny everything alleged in the statement, plea, repetition or other procedural acts; Plädoyer de Lawes. 116, 117 There is no real difference between farms and denials, they are essentially the same.

Willes. No. 224. However, a crossing in the strict technical sense and the more ordinary acceptance of the term means a direct refusal in formal terms, “without this, that”, &c. Summary of Oral Arguments, 75; 1 puppy. Pl. 576, n. a.

2. All problems are farms, although not all farms can be called problems, and the difference is this; Problems arise when one or more facts are confirmed on the one hand and directly and simply denied on the other; However, there are special farms when the issue raised by a party is not directly and simply contested or questioned.