replication

(redirected from Replication fork)
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 ?
Sanchez-Diazet al., "GINS maintains association of Cdc45 with MCM in replisome progression complexes at eukaryotic DNA replication forks," Nature Cell Biology, vol.
Firstly, MCM 2-7 travels with replication forks, forming part of the purified replisome progression complex (RPC) in yeast [36, 37] and vertebrates [38-41].
MCM 2-7 complexes in higher eukaryotes are distributed over nonreplicated DNA rather than on replication forks; (b) the paradox is elaborated by another observation that excess MCM heterohexamers are loaded onto chromatin rather than replication origins and ORCs [44].
According to "MCM eviction" mechanism, there is always a minor MCM population that escapes immunodetection but is associated at replication forks and the rest major fraction is released from the replication forks upon replication initiation [47, 59], as a consequence of chromatin condensation [60].
Nonetheless, archaea may also have domain-specific interacting partners, for instance, the DNA-associated MlaA (or HerA) ATPase that may work with MR in processing (or restarting) stalled replication forks or Holliday junctions in hyperthermophilic archaea [172].
(9) The sequence of the rRNA genes is highly conserved among eukaryotes, while the intergenic spacer regions (IGS) between the genes, although quite different in length and sequence, contain three unique elements that are common; an origin of replication, a replication fork blocking site and a promoter that directs the synthesis of non-coding transcripts.
(1998) Expansion and contraction of ribosomal DNA repeats in Saccharomyces cerevisiae: requirement of replication fork blocking (Fob1) protein and the role of RNA polymerase I.
(1999) Elimination of replication fork block protein Fob1 extends the life span of yeast mother cells.
It is believed that the above-mentioned creation of stalled and collapsed replication forks is related to such sugar damaging events.
The effects of such lesions on the stability of model replication forks for both Sequence 1 and 2 were determined (Table 2).
Helleday, "Spontaneous homologous recombination is induced by collapsed replication forks that are caused by endogenous DNA single-strand breaks," Molecular and Cellular Biology, vol.