special pleading

from WordNet (r) 3.0 (2006)
special pleading
    n 1: an argument that ignores all unfavorable evidence
    2: (law) a pleading that alleges new facts in avoidance of the
       opposing allegations
    
from The Collaborative International Dictionary of English v.0.48
Special \Spe"cial\, a. [L. specialis, fr. species a particular
   sort, kind, or quality: cf. F. sp['e]cial. See {Species}, and
   cf. {Especial}.]
   1. Of or pertaining to a species; constituting a species or
      sort.
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            A special is called by the schools a "species". --I.
                                                  Watts.
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   2. Particular; peculiar; different from others;
      extraordinary; uncommon.
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            Our Savior is represented everywhere in Scripture as
            the special patron of the poor and the afficted.
                                                  --Atterbury.
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            To this special evil an improvement of style would
            apply a special redress.              --De Quincey.
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   3. Appropriate; designed for a particular purpose, occasion,
      or person; as, a special act of Parliament or of Congress;
      a special sermon.
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   4. Limited in range; confined to a definite field of action,
      investigation, or discussion; as, a special dictionary of
      commercial terms; a special branch of study.
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   5. Chief in excellence. [Obs.]
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            The king hath drawn
            The special head of all the land together. --Shak.
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   {Special administration} (Law), an administration limited to
      certain specified effects or acts, or one granted during a
      particular time or the existence of a special cause, as
      during a controversy respecting the probate of a will, or
      the right of administration, etc.

   {Special agency}, an agency confined to some particular
      matter.

   {Special bail}, {Bail above}, or {Bail to the action} (Law),
      sureties who undertake that, if the defendant is
      convicted, he shall satisfy the plaintiff, or surrender
      himself into custody. --Tomlins. --Wharton (Law Dict.).

   {Special constable}. See under {Constable}. --Bouvier.

   {Special damage} (Law), a damage resulting from the act
      complained of, as a natural, but not the necessary,
      consequence of it.

   {Special demurrer} (Law), a demurrer for some defect of form
      in the opposite party pleading, in which the cause of
      demurrer is particularly stated.

   {Special deposit}, a deposit made of a specific thing to be
      kept distinct from others.

   {Special homology}. (Biol.) See under {Homology}.

   {Special injuction} (Law), an injuction granted on special
      grounds, arising of the circumstances of the case.
      --Daniell.

   {Special issue} (Law), an issue produced upon a special plea.
      --Stephen.

   {Special jury} (Law), a jury consisting of persons of some
      particular calling, station, or qualification, which is
      called upon motion of either party when the cause is
      supposed to require it; a struck jury.

   {Special orders} (Mil.), orders which do not concern, and are
      not published to, the whole command, such as those
      relating to the movement of a particular corps, a detail,
      a temporary camp, etc.

   {Special partner}, a limited partner; a partner with a
      limited or restricted responsibility; -- unknown at common
      law.

   {Special partnership}, a limited or particular partnership;
      -- a term sometimes applied to a partnership in a
      particular business, operation, or adventure.

   {Special plea in bar} (Law), a plea setting forth particular
      and new matter, distinguished from the general issue.
      --Bouvier.

   {Special pleader} (Law), originally, a counsel who devoted
      himself to drawing special counts and pleas; in a wider
      sense, a lawyer who draws pleadings.

   {Special pleading} (Law), the allegation of special or new
      matter, as distingiushed from a direct denial of matter
      previously alleged on the side. --Bouvier. The popular
      denomination of the whole science of pleading. --Stephen.
      The phrase is sometimes popularly applied to the specious,
      but unsound, argumentation of one whose aim is victory,
      and not truth. --Burrill.

   {Special property} (Law), a qualified or limited ownership
      possession, as in wild animals, things found or bailed.

   {Special session}, an extraordinary session; a session at an
      unusual time or for an unusual purpose; as, a special
      session of Congress or of a legislature.

   {Special statute}, or {Special law}, an act of the
      legislature which has reference to a particular person,
      place, or interest; a {private law}; -- in distinction
      from a {general law} or {public law}.

   {Special verdict} (Law), a special finding of the facts of
      the case, leaving to the court the application of the law
      to them. --Wharton (Law Dict.).
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   Syn: Peculiar; appropriate; specific; dictinctive;
        particular; exceptional; singular. See {Peculiar}.
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from Bouvier's Law Dictionary, Revised 6th Ed (1856)
SPECIAL PLEADING. The allegation of special or new matter, as distinguished 
from a direct denial of matter previously alleged on the opposite side. 
Gould on Pl. c. 1, s. 18; Co. Litt. 282; 3 Wheat. R. 246 Com. Dig. Pleader, 
E 15. 
    

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