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special pleading

special pleading

9.1
A legal document that adds new facts to answer an accusation
  • noun
  • /ˈspɛʃəl ˈplidɪŋ/
  • Jargon
translation icon : alegación especial
  • The court distinguished between a general denial and a special pleading that introduced new evidence.

Examples

  • The defense attorney submitted a special pleading in response to the plaintiff’s accusation.

  • His use of special pleading attempted to circumvent the main point of the lawsuit.

  • A special pleading was filed yesterday.

  • Don't use special pleading in your argument!

  • In her response, the lawyer resorted to special pleading by presenting new facts that contradicted the accusations.

  • The judge noted that the defendant's special pleading did not directly deny the claims but instead introduced unrelated information.

  • To strengthen his case, the attorney filed a special pleading outlining fresh evidence that challenged the original allegations.

Synonyms

affirmative pleading
vsspecial pleading
  • Formal
9.9

A defendant's statement giving new facts to defeat the plaintiff's claim

is used by any party to counter allegations rather than deny them

Surface Forms

Morphology

special + pleading

The parts 'special' (particular/unusual) and 'pleading' (an argument or plea) give a learner some clue that this refers to a particular kind of argument or request. However, the precise rhetorical meaning — making an unjustified exception or ignoring contrary evidence (a fallacy) — is a technical, non-obvious extension and is unlikely to be fully predictable to a B1 learner, so the expression is only partly transparent.

Etymology

Special pleading comes from law. Lawyers filed a 'special' pleading — a written paper that added extra facts to avoid the main accusation instead of simply denying it, so in law it means a pleading that introduces new facts.