Pleading

Words make the plea.

Verba faciunt placitum.

Source: 5 Mod. 458; Weisman, 87e

A plea is defined by what is actually stated — the court will not supply allegations the pleader failed to make.

He who does not deny, admits.

Qui non negat, fatetur.

Source: Tray. Leg. Max. 503; Dig. 50, 17, 142; Weisman, 26a; Weisman, 87h; Weisman, 99dd

Silence in the face of a properly served allegation operates as an admission — what is not specifically denied is taken as conceded.

Two negatives do not make an issue.

Duae negationes non faciunt placitum.

Source: Lofft 415

An issue requires affirmation on one side and denial on the other — mutual negation produces no question for the court to decide.

An ambiguous plea ought to be construed against the party who pleads it.

Ambiguum placitum interpretari debet contra proferentem.

Source: Co. Litt. 303b; Bacon, Max. reg. 3; Weisman, 87o

The burden of clarity falls on the pleader — obscurity in a plea is resolved against the party who had the opportunity to speak plainly and chose not to.

When the order of pleading is observed, the law is observed.

Quando ordo placitandi servatur, lex servatur.

Source: Co. Litt. 303a; Broom, Max. 188; Weisman, 87n

Procedural regularity is not a formality but a safeguard — when the prescribed sequence of pleading is followed, each party's rights are preserved.