Written Pleadings / Initial Writ

Question 1

3 Purposes of Written Pleadings

Answer 1

1 Sets out facts and legal propositions
2 gives court notice of issues
3 gives other side notice of case against them

Question 2

Main 2 rules - drafting written pleading

Answer 2

FACTS only & CONCISE

Question 3

Responses to each averment

Answer 3

Admit
Deny
Matter not known and not admitted

Question 4

Outline of Initial Writ

Answer 4

Heading
Description
Craves (what want court to do)
Condescendence (facts)
Pleas in Law (what legal basis)

Question 5

How can serve writ on defender

Answer 5

Post (tracked first class)
Sheriff Officer

Question 6

What is preliminary plea

Answer 6

Plea in law that hearing should not go to evidence - fundamental issue

Question 7

Most common preliminary plea

Answer 7

Relevancy / Lack of Specification

Question 8

What is plea to relevancy

Answer 8

Facts don’t lead to legal justification for remedy that is being sought

Question 9

What is plea to specification

Answer 9

Facts lack detail required to lead to remedy