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LSDefine

Simple English definitions for legal terms

special pleading

Read a random definition: federal land

A quick definition of special pleading:

Special pleading is a way of arguing that is unfair because it only includes facts and information that support the person's point of view. It is also a legal term that refers to a complicated system of exchanging court papers before a case can be tried. This system often led to cases being decided on technicalities rather than the actual facts of the case.

A more thorough explanation:

Special pleading is a legal term that refers to the common-law system of pleading. This system required parties to exchange a series of court papers, such as replications, rebutters, and surrebutters, setting out their contentions in accordance with hypertechnical rules before a case could be tried. Often, cases were decided on points of pleading and not on the merits.

Special pleading can also refer to the art of drafting pleadings under this system or an instance of drafting such a pleading. It can also refer to a responsive pleading that does more than merely deny allegations, as by introducing new matter to justify an otherwise blameworthy act.

Another meaning of special pleading is an argument that is unfairly slanted toward the speaker's viewpoint because it omits unfavorable facts or authorities and develops only favorable ones.

Example 1: In a court case, the defendant argues that they should not be held responsible for a car accident because the other driver was texting while driving. However, the defendant fails to mention that they were also speeding at the time of the accident. This is an example of special pleading because the defendant is omitting unfavorable facts to make their argument seem stronger.

Example 2: A student argues with their teacher that they should not receive a failing grade because they were going through a difficult time at home. However, the student fails to mention that they did not turn in any assignments and missed several classes. This is an example of special pleading because the student is omitting unfavorable facts to make their argument seem stronger.

These examples illustrate how special pleading can be used to unfairly manipulate an argument by omitting unfavorable facts or authorities and developing only favorable ones.

special pleader | special plea in bar

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ParallelAgreeableOrangutan
19:25
Hi llama!!
21:15
@ParallelAgreeableOrangutan: How are you!
ParallelAgreeableOrangutan
22:02
tbh kinda losing my mind, I'm visiting my parents in my childhood home and whenever I do this I remember why I never do this aahhaha
ParallelAgreeableOrangutan
22:02
My dog likes it here tho
ParallelAgreeableOrangutan
22:02
How are youuuuu?
22:26
@ParallelAgreeableOrangutan: Deep/tough. Feels. Im well working on a project so im happy :)
22:28
should i hit the dmt pen in the sauna and meet god
ParallelAgreeableOrangutan
22:31
Ooh what kind of project? Work, passion, neither, both?
ParallelAgreeableOrangutan
22:31
@NemoPropheta: do it do it
22:37
alright day before my lsat ill hit a blinker in the sauna and become one with the test
22:47
@ParallelAgreeableOrangutan: law school data so just passion.
22:47
@NemoPropheta: noo they drug test before the LSAT! U will get flagged!
ParallelAgreeableOrangutan
23:19
I'm intrigued llama
ParallelAgreeableOrangutan
23:21
Holdddddup all that number crunching on your lsd profile is your work? Damn
ParallelAgreeableOrangutan
23:21
I don't visit y'all's profiles enough, clearly
NarrowFaithfulCougar
0:22
@NemoPropheta: Ahh yeah, the Sauna. That's some good Nordic shit. Beats the hot tub hands down. Plus everyone is naked.
1:23
@ParallelAgreeableOrangutan: got that weaponized autism in gear, we out here.
@llama: your cycle confuses me, your stats are good and you applied early but all of those Rs? Is there anything weird about your app?
do you have C&F issues or something?
also ur first choice is kansas but you didnt apply there?
12:55
@RasheedWallaceFan: Hi. Yes, I waited for April LSAT, put almost all apps (which were sent really early) so that basically most of my apps were reviewed In May. Shot myself in the foot for 155 -> 161 lmao. Would not recommend 10/10
12:57
@RasheedWallaceFan: unironically, KSLS was my top choice, however by April LSAT their app had closed. It was like waiting to date ur dream partner, but waiting until you graduate uni, then by the time u graduate uni, your soul mate is already married with 2.4 kids and 1.6 dogs. Heartbreak.exe fr fr
12:58
are you R&Ring?
13:00
No, I think what I will do is flip a coin: heds NKU, tails NEL|B what u guys think bout dat. Then once 1L - if good at LS, try to transfer, if bad at LS or one of my grandiose ideas/inventions are viable, drop out and pursue.
oh so you submitted the apps with a lower lsat and then retook
got it
Bettercaulsaul
13:33
Most schools will hold your application for the next test score to be released into your account as well. I was notified by an admissions director that if a decision is processed they will not retroactively go back for the new score even if higher
ParallelAgreeableOrangutan
13:34
I vote NEL-Boston so we can be friends :D
ParallelAgreeableOrangutan
13:34
But it says you withdrew?? :(
ParallelAgreeableOrangutan
13:41
@Bettercaulsaul: in my experience, there is often an option on the application for you to choose whether you'd like them to review your application as-is ASAP or hold it until your new score is released. but it probably varies by school—I just remember seeing that option on at least a few app forms
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