翻訳と辞書
Words near each other
・ Further
・ Further (band)
・ Further (bus)
・ Further (Flying Saucer Attack album)
・ Further (Geneva album)
・ Further (Outasight)
・ Further (Solace album)
・ Further (The Chemical Brothers album)
・ Further Adventures in Babysitting
・ Further Adventures Of
・ Further Adventures of Doctor Syn
・ Further Adventures of Jimmy and Wes
・ Further Adventures of Lad
・ Further Adventures of the Family from One End Street
・ Further Along
Further and better particulars
・ Further and Higher Education Act 1992
・ Further assurances
・ Further Austria
・ Further Away
・ Further Chronicles of Avonlea
・ Further Complications
・ Further Confusion
・ Further Conversations with Myself
・ Further Definitions
・ Further Down the Old Plank Road
・ Further Down the Spiral
・ Further Drachenstich
・ Further education
・ Further Education and Training Act 2007


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Further and better particulars : ウィキペディア英語版
Further and better particulars

In pleading, further and better particulars refers to additional information required to provide sufficient accuracy with respect to a set of pleaded facts in an earlier document. The party who believes that the facts are insufficiently pleaded will issue a ''request for further and better particulars'' or a ''more particular statement'' of the relevant document. An insufficiently pleaded allegation would otherwise cause difficulty to reply to.
An example of an insufficiently particularised allegation in a pleading might be:
*"Between the months of June and August, the Plaintiff repeatedly complained to members of the Defendant's family that the Defendant's family's dogs were trespassing on his property."
If the Defendant was aware of only two complaints that the Plaintiff had made to his wife, which related to a dog otherwise unconnected with the lawsuit, the Defendant would be very unwise to admit the allegation. Similarly, to either "not admit" or deny the allegation would invite a finding against himself on that point, and may lead to an award of costs. Accordingly, the Defendant could reasonably ask for the allegation to be better particularised so that he may plead to it properly.
A request for further and better particulars of the example above might read:
*"Of "''Between the months of June and August, the Plaintiff repeatedly complained to members of the Defendant's family that the Defendant's family's dogs were trespassing on his property''", please state:
:# On how many occasions the Plaintiff alleges he complained as aforesaid;
:# When, during the months of June, July and August, the complaints were alleged to have been made;
:# Whether the complaints alleged to have been made were made orally, in writing or otherwise;
:# To which members of the Plaintiff's family the complaints are alleged to have been made; and
:# Whether the Plaintiff avers that the complaints (or any of them) were made with respect to the dog which the Plaintiff alleges bit him.
If the respondent to the request believes that the allegation was sufficiently particularised, and that the requesting party is simply fishing for more information or just being difficult, they would issue a short reply: "Not entitled" or "Sufficiently pleaded".
Requests for further and better particulars are sometimes confused with interrogatories. However, requests for further and better particulars relate to pleadings (which define the issues), and interrogatories relate to evidence (which proves or disproves pleaded allegations).


抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Further and better particulars」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.