A suit is a civil warfare; for as the plaintiffs are armed with actions, and, as it were, girded with swords, so the defendants are fortified with pleas, and are defended, as it were, by shields.

Explanation

(English-origin maxim.) Litigation is a form of regulated combat — plaintiffs attack with their claims and defendants defend with their pleas, and the contest is governed by strict procedural rules.

Where this applies

• A plaintiff files a complaint (her sword), the defendant answers with affirmative defenses (his shield), and the trial proceeds according to strict rules of engagement.
• A creditor brings an action for payment like a soldier marching to battle, while the debtor fortifies his position with a counterclaim and a motion to dismiss.
• Two corporations square off in an antitrust suit — one armed with claims of monopoly abuse, the other defended by arguments of legitimate competition — each side bound by the procedural rules of civil warfare.