traverse

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Traverse

In Common-Law Pleading, a denial of the plaintiff's assertions.

For example, a plaintiff could bring a lawsuit in order to collect money that he claimed the defendant owed him. If the defendant answered the plaintiff's claim by stating in answer that she did not fail to pay the money owed on the date it was due, this is a denial of a fact essential to the plaintiff's case. The defendant can be said to traverse the plaintiff's declaration of an outstanding debt, and her plea itself could be called a traverse.

The system of common-law pleading has been replaced throughout the United States by Code Pleading and by rules patterned on the system of pleading in Federal Civil Procedure, but lawyers still use the word traverse for a denial. In some instances, it has taken on specialized meanings for different purposes. For example, in criminal practice, a traverse is a denial of the charges in an indictment that usually has the effect of delaying a trial on the indictment until a later term of the court. A traverse jury is one that hears the claims of the plaintiff and denials of the defendant—a trial jury or petit jury. A traverse hearing may be a pretrial hearing to determine whether the court has authority to hear the case—as when the defendant denies having been properly served with the plaintiff's summons and complaint.

traverse

the formal denial of a fact alleged in the opposite party's pleading.

TRAVERSE, crim. law practice. This is a technical term, which means to turnover: it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following sessions or assize; it has, perhaps with more propriety, been applied to the denying or taking issue upon an indictment, without reference to the delay of trial. Dick. Sess. 151; Burn's Just. h.t.; 4 Bl. Com. 351.

TRAVERSE, pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in the declaration, plea, replication or other pleadings; Lawes' Civ. Plead. 116, 117 there is no real distinction between traverses and denials, they are the same in substance. Willes. R. 224. however, a traverse, in the strict technical meaning, and more ordinary acceptation of the term, signifies a direct denial in formal words, "without this that," &c. Summary of Pleadings, 75; 1 Chit. Pl. 576, n. a.
     2. All issues are traverses, although all traverses cannot be said to be issues, and the difference is this; issues are where one or more facts are affirmed on one side, and directly and merely denied on the other; but special traverses are where the matter asserted by one party is not directly and merely denied or put in issue. by the other, but he alleges some new matter or distinction inconsistent with what is previously stated, and then distinctly excludes the previous statement of his adversary. The new matter so alleged is called the inducement to the traverse, and the exclusion of the previous statement, the traverse itself. Lawes' Civ. Pl. 117. See, in general, 20 Vin. Abr. 339; Com. Dig. Pleader, G; Bac. Abr. Pleas, H; Yelv. R. 147, 8; 1 Saund. 22, n. 2; Gould. on Pl. ell. 7 Bouv. Inst. Index, n. t.
     3. A traverse upon a traverse is one growing out of the same point, or subject matter, as is embraced in a preceding traverse on the other side. Gould on Pl. ch. 7, Sec. 42, n. It is a general rule, that a traverse, well tendered on one side, must be accepted on the other. And hence it follows, as a general rule, that there cannot be a traverse upon a traverse, if the, first traverse is material. The meaning of the rule is, that when one party has tendered a material traverse, the other cannot leave it and tender another of his own to the same point upon the inducement of the first traverse, but must join in that first tendered; otherwise the parties might alternately tender traverses to each other, in unlimited succession, without coming to an issue. Gould on Pl. ch. 7, Sec. 42.
     4. In cases where the first traverse is immaterial, there may be a traverse upon a traverse. Id. ch. 7, Sec. 43. And where the plaintiff might be ousted of some right or liberty the law allows him, there may be a traverse upon a traverse, although the first traverse include what is material. Poph. 101; Mo. 350; Com. Dig. Pleader, G 18; Bac. Abr. Pleas, H 4; Hob. 104, marg.; Cro. Eliz. 99, 418; Gould on Pl. ch. 7, 44.
     5. Traverses may be divided into general traverses, (q.v.) and special traverses. (q.v.) There is a third kind called a common traverse. (q.v.)

References in periodicals archive ?
The MMDA advised motorists traversing North Avenue going to Quezon Memorial Circle to use an alternate route: from North Avenue, turn right on Agham Road, turn left at Quezon Avenue going to the Quezon Memorial Circle.
Using the Linear-Traverse method, the chord lengths intersected by the 20 traversing lines were used to calculate the total air void volume.
AE-SA single axis, servo-driven traversing robot features a-c brushless servo motor drive on the traverse axis, which is accurate to within [+ or -] 0.1 mm.
The exhibition, titled Traversing: Moments Marked with Glass, will run until March 19.
Only ten others have traversed Antarctica on skis, all traversing in the opposite direction and thus descending through the Trans Antarctic Mountains.
This sets up a system where the angle of a line between two corners and the latitude and departure traversing from one corner to another forms a right triangle.
a romance written by a woman [especially from a prominent family] about a cross-dressed young girl traversing Italy and contemplating suicide" (66) would not have been appreciated.
If the universe were flat--so that parallel lines never meet--and contained no dark energy, photons traversing matter-filled regions would gain exactly as much energy as they lose.
Modifications include using a mechanical advantage pulley system that lifts wheelchair participants in full body harnesses and allows them to swing across to the landing using a swinging or traversing platform, a rope chat, or using a rope with a rubber stabilizer in the bottom of a loop to hold the loop open and provide for easier foot removal.
The traversing platform can move under a staged load that is assembled on pallets or other load bases.
Traversing various dimensions of the space, they construct a captivating box in which all the seemingly neutral shapes, painted white, gain expressive power, color, and drama.