inconsistent fact

inconsistent fact

a party should not in any pleading make any allegation of fact or raise any new ground of claim that is inconsistent with a previous pleading of his. However, inconsistent facts maybe alleged as alternative grounds on which he is entitled to relief
References in periodicals archive ?
Is it not a scandalous, inconsistent fact that a political administration that pays so much attention to privacy and illegal wiretapping has taken such a grave measure, by which all citizens will be monitored.
The seemingly inconsistent fact that Jefferson, as a state official, actively participated in such acts may be explained, says Dreisbach, by his strict adherence to federalism.
They can't be based on a complete absence of facts, or worse yet, on ignoring lots of inconsistent facts. The notion of an omnipotent deity quite simply goes against too many known facts about the universe.
Any historical interpretation that accounts for all the facts is technically valid; however, it is possible to define away inconsistent facts or over-emphasize trivialities to the point of distorting any reasonable interpretation of an event.
Further, the parties should be careful that inconsistent facts do not arise during sentencing because this may reopen providency and compromise the plea.