Advance Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Advance, written in plain English, along with examples of how it is used.
What is Advance?
n. allegations are the facts intended to be relied on in support of the contested suit are set forth in the plea. These are submitted to the counsel of the adverse party for their inspection and admission, and, if it appear to them objectionable in form or substance, they oppose the allegations and have to prove them wrong. The plaintiff is supposed to prove his allegations true.
History and Meaning of Advance
In legal terms, the word "advance" refers to the act of submitting the facts intended to be relied on in a contested suit to the adverse party for their inspection and admission. This step is necessary for the plaintiff to prove his allegations true, but if the allegations appear objectionable in form or substance, the adverse party can oppose them and try to prove them wrong.
The concept of "advance" has been present in the legal system for centuries, with its roots tracing back to the English common law system. It is a crucial step in the legal process that ensures both parties are aware of the facts that will be relied on in the case, and it allows for any objections to be raised and resolved before the trial begins.
Examples of Advance
In a lawsuit for breach of contract, the plaintiff must file an advance with the court outlining the specific terms of the contract and how they were breached.
In a criminal trial, the prosecution must provide an advance to the defense containing all the evidence they plan to use against the defendant.
In a custody battle, both parties must submit advances outlining their case for why they should have custody of the child.
In a real estate dispute, each party must provide an advance detailing the specific property and the ownership rights they are claiming.
Legal Terms Similar to Advance
Allegations - the facts intended to be relied on in a contested suit.
Pleading - the formal documents filed with the court by each party outlining their case.
Discovery - the process in which each party gathers evidence and information from the other party before trial.
Evidentiary hearing - a hearing in which the judge considers evidence presented by both parties before making a ruling.
Burden of proof - the requirement that one party must prove their case to a certain standard in order to prevail in court.