duplicity


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duplicity

noun artifice, casuistry, chicanery, deception, dissimulation, double-dealing, duality, duplexity, equivocation, evasion, false conduct, falseness, fraud, guile, hypocrisy, insincerity, sham, trickery, two-facedness
See also: artifice, bad faith, collusion, concealment, deceit, deception, dishonesty, false pretense, falsehood, falsification, fraud, hoax, hypocrisy, imposture, improbity, indirection, knavery, misstatement, pettifoggery, pretense, pretext, ruse, story, subterfuge

DUPLICITY, pleading. Duplicity of pleading consists in multiplicity of distinct matter to one and the same thing, whereunto several answers are required. Duplicity may occur in one and the same pleading. Double pleading consists in alleging, for one single purpose or object, two or more distinct grounds of defence, when one of them would be as effectual in law, as both or all.
     2. This the common law does not allow, because it produces useless prolixity, and always tends to confusion, and to the multiplication of issues. Co. Litt. 304, a; Finch's Law, 393.; 3 Bl. Com. 311; Bac. Ab. Pleas, K 1.
     3. Duplicity may be in the declaration, or the subsequent proceedings: Duplicity in the declaration consists in joining, in one and the same count, different grounds of action, of different natures, Cro. Car. 20; or of the same nature, 2 Co. 4 a; 1 Saund. 58, n. 1; 2 Ventr. 198; Steph. Pl. 266; to enforce only a single right of recovery.
     4. This is a fault in pleading, only because it tends to useless prolixity and confusion, and is, therefore, only a fault in form. The rule forbidding double pleading "extends," according to Lord Coke, "to pleas perpetual or peremptory, and not to pleas dilatory; for in their time and place a man may use divers of them." Co. Litt. 304, a. But by this is not meant that any dilatory plea way be double, or, in other words, that it way consist of different matters, or answers to one and the same thing; but merely that, as there are several kinds or classes of dilatory pleas, having distinct offices or effects, a defendant may use "divers of them" successively, (each being in itself single,) in their proper order. Steph. Pl. App. note 56.
     5. The inconveniences which were felt in consequence of this strictness were remedied by the statute, 4 Ann. c. 16, s. 4, which provides, that " it shall be lawful for any defendant, or tenant, in any action or suit, or for any plaintiff in replevin, in any court of record, with leave of the court to plead as many several matters thereto as he shall think necessary for his defence."
     6. This provision, or a similar one, is in force, probably, in most of the states of the American Union.
     7. Under this statute, the defendant may, with leave of court, plead as many different pleas in bar, (each being a single,) as he may think proper; but although this statute allows the defendant to plead several distinct and substantive matters of defence, in several distinct pleas, to the whole, or one and the same part of the plaintiff's demand; yet, it does not authorize him to allege more than one, ground of defence in one plea. Each plea must still be single, as by the rules of the common law. Lawes, Pl. 131; 1 Chit. Pl. 512.
     8. This statute extends only to pleas to the declaration, and does not embrace replications, rejoinders, nor any of the subsequent pleadings. Lawes, Pl. 132; 2 chit. Pl. 421; Com. Dig. Pleader, E 2; Story's Pl. 72, 76; 5 Am. Jur. 260-288. Vide) generally, 1 Chit. Pl. 230, 512; Steph. Pl. c. 2, s. 3, rule 1; Gould on Pl. c. 8, p. 1; Archb. Civ. Pl. 191; Doct. Pl. 222; 5 John. 240; 8 Vin. Ab. 183; U. S. Dig. Pleading, II. e and f.

References in periodicals archive ?
Phallic duplicity is tantamount to duality and fracture, and it does not have the moral weight, depth, and surety to provide a basis for fun renewal.
WHO TO TRUST - above, Clive Owen and Julia Roberts, also below, play two ex-government spies in Tony Gilroy's Duplicity
If its principles are adhered to, and if politicians display courage not duplicity then maybe, as Seamus Mallon says, a united Ireland may "come sooner than people might anticipate".
As an American Catholic, I look within my tradition to consider whether there might ever be moral justification for equivocation or duplicity in the face of what is perceived to be a clear and present danger.
Her approach is in stark contrast to the duplicity that Ron Davies demonstrated as Secretary of State for Wales.
There is all or nothing thinking (if women can't have everything that men have, they're "worth nothing"); and puffed up outrage ("One cannot help gasping at the sheer duplicity of a man {John Paul II} who tells women that they are equal to men, but in the same breath subverts this so-called equality by stating that women are still fundamentally different from men.
Unfortunately, Stone's and Carter's arguments are hampered by the jargon-laden rhetoric still rampant in academic prose, Stone claiming, for example, that Hamlet "passes beyond the ideal specularity of comedy to a specifically linguistic duplicity and subjectifying self-division, the principle of difference which patriarchal, misogynistic discourse takes woman to be" (85).
And while the royal party fusses about with its skis, Albrecht's duplicity is still unmasked by the usual discovery of the crest on his sword.
Fauvel, the story's protagonist, bears the name associated in French lore with the fawn-colored stallion, the symbol of cunning and duplicity.
In order to eliminate duplicity of administrative functions, Grupo Imsa's different corporate areas will be integrated into the new business units, thereby increasing productivity and efficiency.
Summary: Clive Owen has revealed how he insisted on Julia Roberts as his co-star in Duplicity.
With typical duplicity, estate agents suggest you borrow a friend's new car and park it on your drive.