replication

(redirected from Failover)
Also found in: Dictionary, Thesaurus, Medical, Encyclopedia, Wikipedia.

Replication

In Common-Law Pleading, the response of a plaintiff to the defendant's plea in an action at law, or to the defendant's answer in a suit in Equity.

Common-law Pleading required the plaintiff to set out the claim in a declaration or, in equity, in a bill. The defendant responded with a plea or answer. When the defendant raised a new point in his or her response, the plaintiff was required to introduce an additional fact that defeated this new point. The plaintiff had an opportunity to respond in a paper called a replication. The modern equivalent is known as the reply.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

replication

in reply. Evidence in replication is evidence allowed after the other side has said something but when the party seeking to lead in replication has already had its proper say, an example being where something new emerges in re-examination that was not covered in cross-examination.
Collins Dictionary of Law © W.J. Stewart, 2006

REPLICATION, pleading. The plaintiff's answer to the defendant's plea.
     2. Replications will be considered, 1. With regard to their several kinds. 2. To their form. 3. To their qualities.
     3.-Sec. 1. They are to pleas in abatement and to pleas in bar.
     4.-1. When the defendant pleads to the jurisdiction of the court, the plaintiff may reply, and in this case the replication commences with a statement that the writ ought not to be quashed, or that the court ought not to be ousted of their jurisdiction, because &c., and concludes to the country, if the replication merely deny the subject-matter of the plea. Rast. Entr. 101 Thomps. Entr. 2; Clift's Entr. 17; 1 Chit. Pl. 434. As a general rule, when the plea is to the misnomer of the plaintiff or defendant, or when the plea consists of matter of fact which the plaintiff denies, the replication may begin without any allegation that the writ or bill ought not to be quashed. 1 Bos. & Pull. 61.
     5.-2. The replication is, in general, governed by the plea, and most frequently denies it. When the plea concludes to the country, the plaintiff must, in general, reply by adding a similiter; but when the plea concludes with a verification, the replication must either, 1. Conclude the defendant by matter of estoppel; or, 2. May deny the truth of the matter alleged in the plea, either in whole or in part; or, 3. May confess and avoid the plea; or, 4. In the case of an evasive plea, may new assign the cause of action. For the several kinds of replication as they relate to the different forms of action, see 1 Chit. Pl. 551, et seq.; Arch. Civ. Pl. 258.
     6.-Sec. 2. The form of the replication will be considered with regard to, 1. The title. 2. The commencement. 3. The body. 4. The conclusion.
     7.-1. The replication is usually entitled in the court and of the term of which it is pleaded, and the names of the plaintiff and defendant are stated in the margin, thus "A B against C D." 2 Chit. Pl. 641.
     8.-2. The commencement is that part of the replication which immediately follows the statement of the title of the court and term, and the names of the parties. It varies in form when it replies to matter of estoppel from what it does when it denies, or confesses and avoids the plea; in the latter case it commences with an allegation technically termed the preclude non. (q.v.) It generally commences with the words, "And the said plaintiff saith that the said defendant," &c. 1 Chit. Pl. 573.
     9.-3. The body of the replication ought to contain either. 1. Matter of estoppel. 2. Denial of the plea. 3. A confession and avoidance of it; or, 4. In case of an evasive plea, a new assignment. 1st. When the matter of estoppel does not appear from the anterior pleading, the replication should set it forth; as, if the matter has been tried upon a particular issue in trespass, and found by the jury, such finding may be replied as an estoppel. 3 East, R. 346; vide 4 Mass. R. 443. 2d. The second kind of replication is that which denies or traverses the truth of the plea, either in part or in whole. Vide Traverse, and 1 Chit. Pl. 576, note a. 3d. The third kind of replication admits, either in words or in effect, the fact alleged in the plea, and avoids the effect of it by stating new matter. If, for example, infancy be pleaded, the plaintiff may reply that the goods were necessaries, or that the defendant, after he came of full age, ratified and confirmed the promise. Vide Confession and Avoidance. 4th. When the plea is such as merely to evade the allegation in the declaration, the plaintiff in his replication may reassign it. Vide New Assignment, and 1 Chit. Pl. 601.
    10.-4. With regard to the conclusion, it is a general rule, that when the replication denies the whole of the defendant's plea, containing matter of fact, it should conclude to the country. There are other conclusions in particular cases, which the reader will find fully stated in 1 Chit. Pl. 615, et seq.; Com. Dig. Pleader, F 5 vide 1 Saund. 103, n.; 2 Caines' R. 60 2 John. R. 428; 1 John. R. 516; Arch. Civ. Pl. 258; 19 Vin. Ab 29; Bac. Ab. Trespass, I 4; Doct. Pl. 428; Beames' Pl. in Eq. 247, 325, 326.
    11.-Sec. 3. The qualities of a replication are, 1. That it must answer so much of the defendant's plea as it professes to answer, and that if it be bad in part, it is bad for the whole. Com. Dig. Pleader, F 4, W 2; 1 Saund. 338; 7 Cranch's Rep. 156. 2. It must not depart from the allegations in the declaration in any material matter. Vide Departure, and 2 Saund. 84 a, note 1; Co. Lit. 304 a. See also 3 John. Rep. 367; 10 John. R. 259; 14 John., R. 132; 2 Caines' R. 320. 3. It must be certain. Vide Certainty. 4. It must be single. Vide U. S. Dig. Pleading, XI.; Bouv. Inst. Index, h.t.; Duplicity; Pleadings.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
SQL Server needs additional provisions to ensure the data is being replicated from the active to standby instances, preferably across availability zones, and that clients are automatically reconnected to the active instance after a failover. So while a cloud service provider's infrastructure can be leveraged in HA configurations, additional steps must be taken to ensure SQL Server remains online.
DNS Failover service is also used as distributed monitoring.
SQL Server provides two of its own options for clustering: AlwaysOn Availability Groups and AlwaysOn Failover Clustering.
With the new platform, organizations can plan for Disaster Recovery - or Failover - to ensure continuity of businesses in the face of the unexpected events like the loss of a supporting application to the loss of a server and even the loss of an entire site.
There is no failover; the faulty components are automatically isolated in real-time and their redundant partners continue operating with no interruption, thus preserving business continuity.
Other enhancements to the line include hitless failover to provide high levels of availability, Multi-Chassis Trunking (MCT) for active-active resiliency that's designed to overcome the traditional active-passive redundancy of Spanning Tree, plus MACsec encryption and Energy Efficient Ethernet-ready hardware for investment protection.
"Failover is a valuable and proven product, but deploying it in-house requires the purchase and maintenance of expensive hardware components.
The comprehensive feature set that we have built into this product combined with its ease of use and failover protection makes it the ideal choice for use in small and medium businesses."
In September SolarWinds announced availability of the Orion Failover Engine (FoE), which was developed in conjunction with Neverfail.
Non-disruptive failover for virtual machines is made possible through coordination with virtualization software.
Version 5.6 also introduces USB 3G and modem failover support to the NSA and E-Class NSA series, expanding the functionality from the TZ product line and adding an additional failover option for mission critical networks.