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Legal Definitions - general count

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Definition of general count

Definition: A part of an indictment or complaint that charges the suspect or defendant with a distinct offense or claim. It can be a statement of a distinct claim in a complaint or similar pleading.

Examples:

  • Common count: In a plaintiff's pleading for debt, the common count is a standard language that is not based on the individual case's circumstances. It is intended to guard against a possible variance and enable the plaintiff to take advantage of any ground of liability that the proof may disclose.
  • General count: A count that states the plaintiff's claim without undue particularity.
  • Money count: A count that gives rise to a claim for payment of money, usually founded on a simple contract.
  • Multiple counts: Several separate causes of action or charged offenses contained in a single pleading or indictment.
  • Special count: A section of a pleading in which the plaintiff's claim is stated with great particularity, usually employed only when the pleading rules require specificity.

These examples illustrate how a count can be used in different legal contexts, such as in a plaintiff's pleading for debt or in an indictment charging the suspect with a distinct offense. A general count is a count that states the plaintiff's claim without undue particularity, while a special count is a section of a pleading in which the plaintiff's claim is stated with great particularity. Multiple counts refer to several separate causes of action or charged offenses contained in a single pleading or indictment.

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Simple Definition

A general count is a part of a legal document that accuses someone of doing something wrong. It can be a statement of a claim or a charge for a specific offense. It is usually not too detailed and is used to make sure the plaintiff can take advantage of any ground of liability that the proof may disclose. It can also be used in a priority contest between two or more patent applications. To count means to declare or state the facts that state a claim.

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