Drafting Pleading and Conveyancing
Drafting Pleading and Conveyancing are three pillars of Advocacy. However, the art of drafting, pleading and conveyancing has not fully developed in spite of the increase in civil litigation.
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| Drafting Pleading and Conveyancing |
The art of drafting the pleadings has not yet fully developed in spite of the increase in civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters and unnecessary details are often included and the facts placed before the lawyer by his client are not marshalled. The result is that the martial facts are often mixed up with the inessential matter.
Drafting
DRAFTING: To draft = To draw up = To outline in the form of rough notes.
The meaning of the word DRAFTING is to draft or draw up or outline in rough notes.
The art of drafting the pleadings has not yet fully developed in spite of the increase in civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters and unnecessary details are often included and the facts placed before the lawyer by his client are not marshalled. The result is that the martial facts are often mixed up with the inessential matter.
According to Lord Halsbury - "Where the system of pleading may exist, the sole object of it is that each side may be fully alive to the questions that are about to be argued in order that they have an opportunity of bringing forward such evidence as may be appropriate to the issue"
Pleading
PLEADING: (Deļ¬nition, according to the Civil Procedure Code) Plaint or written statement, All statements are written statements.
PLEADING, according to the Civil Procedure Code, means a Plaint, or a written statement. Therefore, all pleadings are written statements. To plead on behalf of the plaintiff or the defendant.
Pleading is an art, of course, and art which requires not only technical and linguistic skills but also expert knowledge of the law on the given point brought before a lawyer. Even experienced lawyers and attorneys are not infallible and sometimes they also make mistakes. However, in the matter of pleadings longer experience and great linguistic acumen are both essential ingredients. What ultimately matters is how clearly and systematically have the facts been presented before the court of law.
Conveyancing
CONVEYANCING: To convey To give to somebody full legal rights in land or building = Real Property Land and Buildings.
The meaning of the word CONVEYANCING is to convey or to give to somebody full legal rights in land or building, which is called real property, and the real property includes land and buildings. A conveyance means a document conveying the property.
The importance of the study of law need not be explained. It is said that Law is the King of the Kings. It is, therefore, most powerful and rigid, too. In the whole world, there can be nothing stronger than law. With legal power, even the weak may be superior to the strong. Against this background, we have to consider the fact that if Law is the King of the Kings, drafting or pleadings and conveyancing is undoubtedly the Queen of that King.
Drafting Pleading and Conveyancing Books
Frequently Asked Questions
What is Conveyancing in Drafting?
Conveyancing is the art of drafting Deeds and Documents whereby any right, title, or interest in immovable property or Movable property or belongings rights are transferred from one person to a different person.
What is drafting and pleading in law?
The parties' pleadings in a case define the issues to be adjudicated in the action. Drafting may be defined as the synthesis of law and facts in a language form. The essence of drafting is, therefore, crystallization and expression in a definite form of legal right privileges function, duty or status.
What is the meaning and importance of drafting and pleading?
Drafting, in a legal sense, means an act of preparing Legal Documents like agreements, contracts, deeds, etc. A proper understanding of drafting cannot be realised unless the nexus between the Law, the facts and the language is fully understood and accepted.
What is the difference between pleading and conveyancing?
Conveyancing refers to the transferring of real property to its new owner by means of deeds and whereas pleading refers to a legal document filed in a lawsuit. This can be a document pertaining to the initiation of litigation or a document in response to this initiation.
What are the types of conveyance?
Voluntary conveyance is said to be the intentional transfer of a title to a property from one individual to another through a deed. It comes in three types – public grants, private grants, and public dedication.
Conclusion
Drafting Pleading and Conveyancing are three pillars of Advocacy. These are the art of the legal profession every advocate should have these skills. The art required not only technical but also linguistic skills and expert knowledge of the law.