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120-626: The Civil Procedure Rules (CPR) govern pleading in England and Wales . Federal Rules of Civil Procedure govern pleading in United States federal courts . Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates

240-644: A chateau on Castle Island , within present-day Albany; it was abandoned the following year due to flooding. In 1614, the Dutch, under the command of Hendrick Corstiaensen, rebuilt the French chateau, which they called Fort Nassau . Fort Nassau was the first Dutch settlement in North America, and was located along the Hudson River, also within present-day Albany. The small fort served as a trading post and warehouse. Located on

360-405: A cross-complaint against another defendant named by the plaintiff and may also file a third-party complaint bring other parties into a case by the process of impleader . A defendant may file a counter-claim to raise a cause of action to defend, reduce or set off the claim of the plaintiff . Common law pleading was the system of civil procedure used in England, which early on developed

480-608: A humid subtropical climate . Weather in New York is heavily influenced by two continental air masses: a warm, humid one from the southwest and a cold, dry one from the northwest. Downstate New York (comprising New York City, Long Island, and lower portions of the Hudson Valley) have rather hot summers with some periods of high humidity and cold, damp winters which are relatively mild compared to temperatures in Upstate New York, due to

600-594: A 2010 search of the Westlaw legal database , "pled" is used in a narrow majority of cases over "pleaded". The AP stylebook and The Chicago Manual of Style call for "pleaded", and a Westlaw search shows the US Supreme Court has used pleaded in over 3,000 opinions and pled in only 26. Civil Procedure Rules The Civil Procedure Rules ( CPR ) were introduced in 1997 as per the Civil Procedure Act 1997 by

720-519: A career most natives had turned to in hopes of trading with whites first. This completely changed the ethnography of the region, and most large game was hunted out before whites ever fully explored the land. Still, afterward, the Iroquois Confederacy offered shelter to refugees of the Mascouten , Erie, Chonnonton , Tutelo , Saponi , and Tuscarora nations. The Tuscarora became the sixth nation of

840-601: A case has been commenced prior to the protocol coming into force, but after publication the protocol is not binding. However, the degree to which a party has attempted to follow it anyway might be persuasive. Section 2 of the Civil Procedure Act 1997 requires that the CPR are made by a committee called the Civil Procedure Rule Committee. Members of the committee consist of: Ex officio : Those appointed by

960-416: A cause of action, the pleader has to plead each element and also allege specific facts which, if proven with evidence at trial, would constitute proof of that element. Failure to provide such detail could lead to dismissal of the case if the defendant successfully demurred to the complaint on the basis that it merely stated "legal conclusions" or "evidentiary facts." Code pleading also drastically shortened

1080-481: A cause of action. Other states, including Connecticut and New Jersey, are also fact-pleading jurisdictions. Illinois , for example, requires that a complaint "must assert a legally recognized cause of action and it must plead facts which bring the particular case within that cause of action." In alternative pleading , legal fiction is employed to permit a party to argue two mutually exclusive possibilities, for example, submitting an injury complaint alleging that

1200-461: A consequence of this, many former, older legal terms were replaced with ‘plain English’ equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena". Unlike the previous rules of civil procedure , the CPR commence with a statement of their "overriding objective", both to aid in the application of specific provisions and to guide behaviour where no specific rule applies. In 1994,

1320-429: A lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). In some situations, a complaint is called a petition , in which case the party filing it is called the petitioner and the other party is the respondent . In equity, sometimes called chancery,

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1440-465: A legal claim. Pre-action protocols, which entails setting out the claim in full to the defendant in an attempt to negotiate a settlement. The emphasis is placed on co-operation to identify the main issues. Failure to co-operate may lead cost penalties, regardless of the eventual outcomes of the case. Paragraph 1 of the Practice Direction defines the purpose of pre-action protocols as: This list

1560-682: A major threat to the Abenaki and Mohicans, while the Susquehannock briefly conquered the Lenape in the 1600s. The most devastating event of the century, however, was the Beaver Wars . From approximately 1640–1680, the Iroquois peoples waged campaigns which extended from modern-day Michigan to Virginia against Algonquian and Siouan tribes, as well as each other. The aim was to control more land for animal trapping ,

1680-458: A more active role in the management and development of complex cases during the pretrial phase of litigation. This recommendation touched off the case management movement of the 1970s and 1980s in American courts. On 26 July 1996, Lord Woolf published his final Access to Justice Report 1996 in which he "identified a number of principles the civil justice system should meet to ensure access to justice. The system should – Lord Woolf listed two of

1800-525: A new system of radically different legal terminology in order to bring plain English to the legal system of England and Wales. This was intended to help laypersons comprehend legal terms more easily and to make the judicial process faster and less expensive. However, Bryan A. Garner has noted that the new system seems to have replaced "old jargon with new, even less-comprehensible jargon". New York (state) New York , also called New York State ,

1920-414: A party could file a demurrer to the other's pleading (essentially a request that the court immediately rule on whether the pleading was legally adequate before they had to file a pleading in response) or simply file another pleading in response. Generally, a plea could be dilatory or peremptory. There were three kinds of dilatory plea: to the jurisdiction, in suspension, or in abatement. The first challenged

2040-465: A proportionality challenge was limited to the circumstances of the particular case ('the narrower interpretation'), or whether it was to be assessed by reference to all the circumstances, and so encompass matters which were not necessarily related to the case in question ('the wider interpretation')". On a reading of CPR 44, which contains general rules about costs, it was felt to be clear that "questions of proportionality are to be considered by reference to

2160-583: A small group known as the Ouabano migrated southwest into West Virginia at an earlier time. They may have merged with the Shawnee . The Mohawk and Susquehannock were the most militaristic . Trying to corner trade with the Europeans, they targeted other tribes. The Mohawk were also known for refusing white settlement on their land and discriminating against any of their people who converted to Christianity . They posed

2280-499: A state that derives its legal tradition from the Spanish and French civil law (as opposed to English common law ), employs a system of fact pleading wherein it is only necessary to plead the facts that give rise to a cause of action. It is not necessary even for the petitioner to identify the cause of action being pleaded. However, mere conclusory allegations such as "the defendant was negligent" are not, by themselves, sufficient to sustain

2400-467: A strong emphasis on the form of action rather than the cause of action (as a result of the Provisions of Oxford , which severely limited the evolution of the common law writ system). The emphasis was on procedure over substance. Law and equity evolved as separate judicial systems, each with its own procedures and remedies. Because the types of claims eligible for consideration was capped early during

2520-641: A temperature of −13 °F (−25 °C) or lower can be expected in the northern highlands (Northern Plateau) and 5 °F (−15 °C) or colder in the southwestern and east-central highlands of the Southern Tier. New York had a record-high temperature of 108   °F (42.2   °C) on July 22, 1926, in the Albany area. Its record-lowest temperature during the winter was −52   °F (−46.7   °C) in 1979. Governors Island, Manhattan , in New York Harbor ,

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2640-644: A total area of 54,555 square miles (141,297 km ) and ranks as the 27th-largest state by size . The highest elevation in New York is Mount Marcy in the Adirondack High Peaks in Northern New York , at 5,344 feet (1,629 meters) above sea level ; while the state's lowest point is at sea level, on the Atlantic Ocean in Downstate New York . In contrast with New York City's urban landscape,

2760-592: A water border with Rhode Island , while Connecticut has land and sea borders. Except for areas near the New York Harbor and the Upper Delaware River , New York has a mostly land border with two Mid-Atlantic states , New Jersey and Pennsylvania . New York is the only state that borders both the Great Lakes and the Atlantic Ocean . The Hudson River begins near Lake Tear of the Clouds and flows south through

2880-598: Is a state in the Northeastern United States . One of the Mid-Atlantic states, it borders the Atlantic Ocean , New England , Canada, and the Great Lakes . With almost 19.6 million residents, it is the fourth-most populous state in the United States , and the 27th-largest state by area , with a total area of 54,556 square miles (141,300 km ). New York has a varied geography . The southeastern part of

3000-460: Is among the largest university systems in the nation. New York City is home to the headquarters of the United Nations , and it is sometimes described as the world's most important city, the cultural , financial , and media epicenter, and the capital of the world. The Native American tribes in what is now New York were predominantly Iroquois and Algonquian . Long Island

3120-586: Is anchored by the city of Syracuse ; between the central and western parts of the state, New York is dominated by the Finger Lakes , a popular tourist destination. To the south, along the state border with Pennsylvania , the Southern Tier sits atop the Allegheny Plateau , representing some of the northernmost reaches of Appalachia . New York was one of the original Thirteen Colonies that went on to form

3240-516: Is covered by ice. The summer climate is cool in the Adirondacks, Catskills, and at higher elevations of the Southern Tier. Buffalo and its metropolitan area are described as climate change havens for their weather pattern in Western New York. Summer daytime temperatures range from the high 70s to low 80s   °F (25 to 28   °C), over most of the state. In the majority of winter seasons,

3360-528: Is planned to host a US$ 1 billion research and education center poised to make New York the global leader in addressing the climate crisis . Due to New York's relatively large land area and unique geography compared to other eastern states, there are several distinct ecoregions present in the state, many of them reduced heavily due to urbanization and other human activities: Southern Great Lakes forests in Western New York , New England–Acadian forests on

3480-637: Is shared between New York and Ontario as it flows on the Niagara River from Lake Erie to Lake Ontario. The Delaware River Basin Compact, signed in 1961 by New York, New Jersey, Pennsylvania , Delaware , and the federal government, regulates the utilization of water of the Delaware system. Under the Köppen climate classification , most of New York has a humid continental climate , though New York City and Long Island have

3600-516: Is the "overriding objective" embodied in Part 1 of the Rules, which states: The rules are written to be intelligible not just to lawyers but also to litigants in person . Two approaches to the assessment of proportionality arose in the case of West v Stockport NHS Foundation Trust (2019), in particular on appeal from the initial trial. The appeal judges referred to a "debate between the parties as to whether

3720-494: Is the dominant form of pleading used in the United States today. In 1938, the Federal Rules of Civil Procedure were adopted to govern civil procedure in United States federal courts . One goal of the Federal Rules of Civil Procedure was to relax the strict rules of code pleading. However, each state also has its own rules of civil procedure, which may require different, looser, or stricter rules in state court . Louisiana ,

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3840-514: Is true for New York City: four of its five boroughs are situated on three islands at the mouth of the Hudson River : Manhattan Island ; Staten Island ; and Long Island , which contains Brooklyn and Queens at its western end. The state's borders include a water boundary in (clockwise from the west) two Great Lakes ( Lake Erie and Lake Ontario , which are connected by the Niagara River );

3960-564: The Adirondack Mountains and the Catskill Mountains (part of the wider Appalachian Mountains ). The east–west Mohawk River Valley bisects the more mountainous regions of Upstate and flows into the north–south Hudson River valley near the state capital of Albany . Western New York , home to the cities of Buffalo and Rochester , is part of the Great Lakes region and borders Lake Ontario and Lake Erie . Central New York

4080-519: The American Civil War , in terms of finances, volunteer soldiers, and supplies. The state provided more than 370,000 soldiers to the Union armies. Over 53,000 New Yorkers died in service, roughly one of every seven who served. However, Irish draft riots in 1862 were a significant embarrassment. Since the early 19th century, New York City has been the largest port of entry for legal immigration into

4200-637: The Capital Region entered Phase   1 of reopening. On May 26, the Hudson Valley began Phase   1, and New York City partially reopened on June 8. During July 2020, a federal judge ruled Governor Andrew Cuomo and Mayor Bill de Blasio exceeded authority by limiting religious gatherings to 25% when others operated at 50% capacity. On Thanksgiving Eve, the U.S. Supreme Court blocked additional religious restrictions imposed by Cuomo for areas with high infection rates. The state of New York covers

4320-883: The Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal , High Court of Justice , and County Courts in civil cases in England and Wales . They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As

4440-597: The Continental Army at the Battle of Saratoga in 1777, a success that influenced France to ally with the revolutionaries; the state constitution was enacted in 1777. New York became the 11th state to ratify the United States Constitution , on July 26, 1788. In an attempt to retain their sovereignty and remain an independent nation positioned between the new United States and British North America , four of

4560-459: The Declaration of Independence on July 9, 1776. The New York State Constitution was framed by a convention which assembled at White Plains on July 10, 1776, and after repeated adjournments and changes of location, finished its work at Kingston on Sunday evening, April 20, 1777, when the new constitution drafted by John Jay was adopted with but one dissenting vote. It was not submitted to

4680-681: The Great Lakes , with the port of New York City. Improving transportation, it enabled additional population migration to territories west of New York. After 1850, railroads largely replaced the canal. The connectivity offered by the canal, and subsequently the railroads, led to an economic boom across the entire state through the 1950s. Major corporations that got their start in New York during this time include American Express , AT&T , Bristol Myers Squibb , Carrier , Chase , General Electric , Goldman Sachs , IBM , Kodak , Macy's , NBC , Pfizer , Random House , RCA , Tiffany & Co. , Wells Fargo , Western Union , and Xerox . New York City

4800-741: The Iroquois Nations fought on the side of the British; only the Oneida and their dependents, the Tuscarora, allied themselves with the Americans. In retaliation for attacks on the frontier led by Joseph Brant and Loyalist Mohawk forces , the Sullivan Expedition of 1779 destroyed nearly 50 Iroquois villages, adjacent croplands and winter stores, forcing many refugees to British-held Niagara. As allies of

4920-719: The Lake Champlain Valley . The Great Appalachian Valley dominates eastern New York and contains Lake Champlain Valley as its northern half and the Hudson Valley as its southern half within the state. The Tug Hill region arises as a cuesta east of Lake Ontario . The state of New York contains a part of the Marcellus shale , which extends into Ohio and Pennsylvania. Upstate and Downstate are often used informally to distinguish New York City or its greater metropolitan area from

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5040-525: The Lord Chancellor instructed the then Master of the Rolls , Lord Woolf , to report on options to consolidate the existing rules of civil procedure. On 16 June 1995, Lord Woolf published an interim report on Access to Justice . The interim report was the subject of extensive academic commentary. For example, American law professor Richard Marcus Jr. pointed out that the interim report was clearly inspired by

5160-680: The Lord Chief Justice : Those appointed by the Lord Chancellor : The Lord Chancellor's appointments are made in consultation with the Lord Chief Justice and all authorised bodies which have members who are eligible for appointment. Rules must be approved by at least eight members of the committee, and submitted to the Lord Chancellor who may allow or disallow them. Where he decides to disallow, he must express his reasons for doing so in writing. England and Wales began to diverge from

5280-528: The New England border, Northeastern coastal forests in the lower Hudson Valley and western Long Island , Atlantic coastal pine barrens in southern Long Island, Northeastern interior dry–mesic oak forest in the eastern Southern Tier and upper Hudson Valley, Appalachian–Blue Ridge forests in the Hudson Valley), Central Appalachian dry oak–pine forest around the Hudson Valley, Eastern Great Lakes and Hudson Lowlands , Eastern forest–boreal transition in

5400-639: The New York State Legislature created the Board of Commissioners of Immigration to regulate immigration. The first permanent immigration depot in New York was established in 1855 at Castle Garden , a converted War of 1812 era fort located within what is now Battery Park , at the tip of Lower Manhattan. The first immigrants to arrive at the new depot were aboard three ships that had just been released from quarantine . Castle Garden served as New York's immigrant depot until it closed on April 18, 1890, when

5520-613: The Philadelphia Convention , which drafted the United States Constitution, in which he also took part. The new government was to be a strong federal national government to replace the relatively weaker confederation of individual states. Following heated debate, which included the publication of The Federalist Papers as a series of installments in New York City newspapers, New York was the 11th state to ratify

5640-651: The Province of New York . During the American Revolutionary War , a group of colonists eventually succeeded in establishing independence, and the state ratified the then new United States Constitution in 1788. From the early 19th century, New York's development of its interior, beginning with the construction of the Erie Canal , gave it incomparable advantages over other regions of the United States. The state built its political, cultural, and economic ascendancy over

5760-418: The Susquehannock and the Erie . Many of the Wampanoag and Mohican peoples were caught up in King Philip's War , a joint effort of many New England tribes to push Europeans off their land. After the death of their leader, Chief Philip Metacomet , most of those peoples fled inland, splitting into the Abenaki and the Schaghticoke . Many of the Mohicans remained in the region until the 1800s, however,

5880-476: The United States Constitution , on July 26, 1788. New York City remained the national capital under the new constitution until 1790 when it was moved to Philadelphia until 1800, when it was relocated to its current location in Washington, D.C. and was the site of the inauguration of President George Washington, In the first session of the Supreme Court of the United States , the United States Bill of Rights were drafted. Transportation in Western New York

6000-471: The World Trade Center site . On October 29 and 30, 2012, Hurricane Sandy caused extensive destruction of the state's shorelines, ravaging portions of New York City, Long Island , and southern Westchester with record-high storm surge , with severe flooding and high winds causing power outages for hundreds of thousands of New Yorkers, and leading to gasoline shortages and disruption of mass transit systems. The storm and its profound effects have prompted

6120-517: The ring-necked pheasant , northern bobwhite , ruffed grouse , spruce grouse , Canada jay , wild turkey , blue jay , eastern bluebird (the state bird ), American robin , and black-capped chickadee . Birds of prey that are present in the state are great horned owls , bald eagles , red-tailed hawks , American kestrels , and northern harriers . Waterfowl like mallards , wood ducks , canvasbacks , American black ducks , trumpeter swans , Canada geese , and blue-winged teals can be found in

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6240-539: The white-footed mouse , North American least shrew , little brown bat , muskrat , eastern gray squirrel , eastern cottontail , American ermine , groundhog , striped skunk , fisher , North American river otter , raccoon , bobcat , eastern coyote , red fox , gray fox white-tailed deer , moose , and American black bear ; extirpated mammals include Canada lynx , American bison , wolverine , Allegheny woodrat , caribou , eastern elk , eastern cougar , and eastern wolf . Some species of birds in New York are

6360-548: The Adirondacks, Eastern Great Lakes lowland forests around the Adirondacks, and Allegheny Highlands forests , most of which are in the western Southern Tier. Some species that can be found in this state are American ginseng , starry stonewort , waterthyme , water chestnut, eastern poison ivy , poison sumac , giant hogweed , cow parsnip and common nettle . There are more than 70 mammal species, more than 20 bird species, some species of amphibians, and several reptile species. Species of mammals that are found in New York are

6480-438: The British, the Iroquois were forced out of New York, although they had not been part of treaty negotiations. They resettled in Canada after the war and were given land grants by the Crown. In the treaty settlement, the British ceded most Indian lands to the new United States. Because New York made a treaty with the Iroquois without getting Congressional approval, some of the land purchases have been subject to land claim suits since

6600-466: The Hudson River flood plain, the rudimentary fort was washed away by flooding in 1617, and abandoned for good after Fort Orange (New Netherland) was built nearby in 1623. Henry Hudson's 1609 voyage marked the beginning of European involvement in the area. Sailing for the Dutch East India Company and looking for a passage to Asia, he entered the Upper New York Bay on September 11 of that year. Word of his findings encouraged Dutch merchants to explore

6720-482: The Iroquois Confederacy include the Seneca, Cayuga, Onondaga, Oneida, Tuscarora and Mohawk. The Iroquois fought for both sides during the Revolutionary War ; afterwards many pro-British Iroquois migrated to Canada. Today, the Iroquois still live in several enclaves across New York and Ontario. Meanwhile, the Lenape formed a close relationship with William Penn . However, upon Penn's death, his sons managed to take over much of their lands and banish them to Ohio. When

6840-414: The Iroquois. In the 1700s, Iroquoian peoples would take in the remaining Susquehannock of Pennsylvania after they were decimated in the French and Indian War . Most of these other groups assimilated and eventually ceased to exist as separate tribes. Then, after the American Revolution , a large group of Seneca split off and returned to Ohio, becoming known as the Mingo Seneca. The current Six Nations of

6960-506: The King of France's sister . Verrazzano described it as "a vast coastline with a deep delta in which every kind of ship could pass" and he adds: "that it extends inland for a league and opens up to form a beautiful lake. This vast sheet of water swarmed with native boats." He landed on the tip of Manhattan and possibly on the furthest point of Long Island. Verrazzano's stay was interrupted by a storm which pushed him north towards Martha's Vineyard . In 1540, French traders from New France built

7080-423: The Lenape. In 1524, Giovanni da Verrazzano , an Italian explorer in the service of the French crown , explored the Atlantic coast of North America between the Carolinas and Newfoundland , including New York Harbor and Narragansett Bay . On April 17, 1524, Verrazzano entered New York Bay , by way of the strait now called the Narrows into the northern bay which he named Santa Margherita, in honor of

7200-466: The Small Claims Track or the Fast Track is allocated to the Multi Track. To support the ethos of narrowing the issues prior to the use of proceedings and encapsulate best practice, the CPR introduced "pre-action protocols". They are given force by Practice Direction – Protocols Pre-action protocols outline the steps that parties should take in particular types of disputes to seek information from, and to provide information to, each other prior to making

7320-401: The Twin Towers of the original World Trade Center in Lower Manhattan , and the towers collapsed . 7 World Trade Center also collapsed due to damage from fires. The other buildings of the World Trade Center complex were damaged beyond repair and demolished soon thereafter. The collapse of the Twin Towers caused extensive damage and resulted in the deaths of 2,753 victims, including 147 aboard

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7440-432: The U.S. drafted the Indian Removal Act , the Lenape were further moved to Missouri, whereas their cousins, the Mohicans, were sent to Wisconsin. Also, in 1778, the United States relocated the Nanticoke from the Delmarva Peninsula to the former Iroquois lands south of Lake Ontario, though they did not stay long. Mostly, they chose to migrate into Canada and merge with the Iroquois, although some moved west and merged with

7560-418: The United States . In the United States, the federal government did not assume direct jurisdiction for immigration until 1890. Prior to this time, the matter was delegated to the individual states, then via contract between the states and the federal government. Most immigrants to New York would disembark at the bustling docks along the Hudson and East Rivers , in the eventual Lower Manhattan . On May 4, 1847,

7680-408: The United States can trace their ancestry to these immigrants. Ellis Island was the subject of a contentious and long-running border and jurisdictional dispute between the State of New York and the State of New Jersey, as both claimed it. The issue was officially settled in 1998 by the U.S. Supreme Court which ruled that the original 3.3-acre (1.3 ha) island was New York state territory and that

7800-415: The United States. The area of present-day New York had been inhabited by tribes of the Algonquians and the Iroquois Confederacy Native Americans for several thousand years by the time the earliest Europeans arrived. Stemming from Henry Hudson 's expedition in 1609, the Dutch established the multiethnic colony of New Netherland in 1621. England seized the colony from the Dutch in 1664, renaming it

7920-430: The actual "real-world" facts of the case. The placeholder name John Doe (still commonly used in American pleading to name unknown parties) is a remnant of this period. In its final form in the 19th century, common law pleading was terribly complex and slow by modern standards. The parties would normally go through several rounds of pleadings before the parties were deemed to have clearly stated their controversy, so that

8040-405: The allegations which found the cause of action) within 14 days of the issue of the Claim Form. When used in civil proceedings in England and Wales, the term "complaint" refers to the mechanism by which civil proceedings are instituted in the magistrates' court and may be either written or oral. A demurrer is a pleading (usually filed by a defendant ) which objects to the legal sufficiency of

8160-435: The balance of the 27.5 acres (11 ha) added after 1834 by landfill was in New Jersey. In May 1964, Ellis Island was added to the National Park Service by President Lyndon B. Johnson and is still owned by the federal government as part of the Statue of Liberty National Monument . In 1990, Ellis Island was opened to the public as a museum of immigration. On September 11, 2001, two of four hijacked planes were flown into

8280-403: The canal carrying passengers and freight. Farm products came in from the Midwest , and finished manufactured goods moved west. It was an engineering marvel which opened up vast areas of New York to commerce and settlement. It enabled Great Lakes port cities such as Buffalo and Rochester to grow and prosper. It also connected the burgeoning agricultural production of the Midwest and shipping on

8400-426: The case was "at issue" and could proceed to trial. A case would begin with a complaint in which the plaintiff alleged the facts entitling him to relief, then the defendant would file any one of a variety of pleas as an answer, followed by a replication from the plaintiff, a rejoinder from the defendant, a surrejoinder from the plaintiff, a rebutter from the defendant, and a surrebutter from the plaintiff. At each stage,

8520-433: The city on October 19 of that year, composed of representatives from across the Thirteen Colonies who set the stage for the Continental Congress to follow. The Stamp Act Congress resulted in the Declaration of Rights and Grievances , which was the first written expression by representatives of the Americans of many of the rights and complaints later expressed in the United States Declaration of Independence . This included

8640-578: The coast in search of profitable fur trading with local Native American tribes. During the 17th century, Dutch trading posts established for the trade of pelts from the Lenape, Iroquois, and other tribes were founded in the colony of New Netherland . The first of these trading posts were Fort Nassau (1614, near present-day Albany ); Fort Orange (1624, on the Hudson River just south of the current city of Albany and created to replace Fort Nassau), developing into settlement Beverwijck (1647), and into what became Albany; Fort Amsterdam (1625, to develop into

8760-449: The common law (and from other common law jurisdictions) with the Rules of the Supreme Court in 1883, which replaced the traditional "complaint" and "answer" with the "statement of claim" and "defence". The CPR went much further by replacing several dozen traditional legal terms. For example, the "writ of summons" and the "statement of claim" were replaced, respectively, with "claim form" and "particulars of claim". The CPR implemented

8880-436: The court's jurisdiction, the second asked the court to stay the action, and the third asked the court to dismiss the action without prejudice to the other side's right to bring the claims in another action or another court. A peremptory plea had only one kind: a plea in bar. A party making a plea in bar could either traverse the other side's pleading (i.e., deny all or some of the facts pleaded) or confess and avoid it (i.e., admit

9000-469: The court, proposed that cases be allocated to one of three tracks depending on their nature, limiting or requiring specific actions, and introduced the concept of proportionality to the costs regime. The Civil Procedure Act 1997 (c. 12) was enacted on 27 February 1997. It conferred the power to make civil procedure rules. It also established the Civil Justice Council , a body composed of members of

9120-419: The demurrer mechanism with the motion to dismiss for failure to state a cause of action or the application to strike out particulars of claim. An answer is a pleading filed by a defendant which admits or denies the specific allegations set forth in a complaint and constitutes a general appearance by a defendant. In England and Wales, the equivalent pleading is called a Defence. A defendant may also file

9240-427: The development of the English legal system, claims that might have been acceptable to the courts' evolving sense of justice often did not match up perfectly with any of the established forms of action. Lawyers had to engage in great ingenuity to shoehorn their clients' claims into existing forms of action. The result was that at common law, pleadings were stuffed full of awkward legal fictions that had little to do with

9360-427: The discussion of constructing seawalls and other coastal barriers around the shorelines of New York City and Long Island to minimize the risk from another such future event. Such risk is considered highly probable due to global warming and rising sea levels . On March 1, 2020, New York had its first confirmed case of COVID-19 after Washington (state) , two months prior. From May 19–20, Western New York and

9480-466: The distinction between law and equity. It unified civil procedure for all types of actions as much as possible. The focus shifted from pleading the right form of action (that is, the right procedure) to pleading the right cause of action (that is, a substantive right to be enforced by the law). Code pleading stripped out most of the legal fictions that had encrusted common law pleading by requiring parties to plead "ultimate facts." This means that to plead

9600-533: The downstate region's lower elevation, proximity to the Atlantic Ocean, and relatively lower latitude . Upstate New York experiences warm summers, marred by only occasional, brief intervals of sultry conditions, with long and cold winters. Western New York, particularly the Tug Hill region, receives heavy lake-effect snows , especially during the earlier portions of winter, before the surface of Lake Ontario itself

9720-402: The duration of the conflict, and consequently the focus of General George Washington 's intelligence network . On the notorious British prison ships of Wallabout Bay , more American combatants died than were killed in combat in every battle of the war combined. Both sides of combatants lost more soldiers to disease than to outright wounds. The first of two major British armies were captured by

9840-642: The eastern part of the state, without draining Lakes George or Champlain . Lake George empties at its north end into Lake Champlain, whose northern end extends into Canada, where it drains into the Richelieu River and then ultimately the Saint Lawrence River . The western section of the state is drained by the Allegheny River and rivers of the Susquehanna and Delaware River systems. Niagara Falls

9960-678: The experience of the US federal courts with case management, which grew out of their experience with managing complex litigation. During the 1960s, a massive antitrust scandal in the American electrical equipment industry had led to the enactment of a multidistrict litigation statute in 1968 and the creation of the Judicial Panel on Multidistrict Litigation . In 1969, the Panel published the Manual on Complex Litigation , which proposed that American judges should take

10080-432: The facts pleaded but plead new ones that would dispel their effect). A traverse could be general (deny everything) or specific. Either side could plead imparlance in order to get more time to plead on the merits. Once the case was at issue, the defendant could reopen the pleadings in order to plead a newly discovered defense (and start the whole sequence again) by filing a plea puis darrein. The result of all this complexity

10200-552: The federal government assumed control over immigration. During that period, more than eight million immigrants passed through its doors (two of every three U.S. immigrants). When the federal government assumed control, it established the Bureau of Immigration , which chose the three-acre (1.2 ha) Ellis Island in Upper New York Harbor for an entry depot. Already federally controlled, the island had served as an ammunition depot. It

10320-560: The financial limits. Claims with a financial value of no more than £25,000 (£15,000 for claims issued before 6 April 2009) for which the Small Claims Track is not the normal track are usually allocated to the Fast Track unless: the trial is likely to last for more than one day; oral expert evidence at trial will be in more than two fields; or there will be more than one expert per party in each field. Any case not allocated to either

10440-519: The harm to the plaintiff caused by the defendant was so outrageous that it must have either been intended as a malicious attack or, if not, must have been due to gross negligence. The use of "pleaded" versus "pled" as the past tense version of "pleading" has been a subject of controversy among many of those that practice law. "Pled" is almost never used in Australian publications, while being somewhat common in American, British, and Canadian publications. In

10560-441: The highest count of any U.S. state in 2022. Many of its landmarks are well known, including four of the world's ten most-visited tourist attractions in 2013: Times Square , Central Park , Niagara Falls , and Grand Central Terminal . New York is home to approximately 200 colleges and universities , including Ivy League members Columbia University and Cornell University , and the expansive State University of New York , which

10680-510: The initial pleading may be called either a petition or a bill of complaint in chancery . In England and Wales, the first pleading is a Claim Form, issued under either Part 7 or Part 8 of the Civil Procedure Rules, which sets out the nature of the action and the relief sought, and may give brief particulars of the claim. The Claimant also has the option, under Practice Direction 7A.61 to serve Particulars of Claim (a document setting out

10800-401: The judiciary, members of the legal professions and civil servants, and charged with reviewing the civil justice system. The Civil Procedure Rules 1998 (SI 1998/3132) were made on 10 December 1998 and came into force on 26 April 1999. The draft rules of practice formed their core. Implemented as a result of reforms suggested by Lord Woolf and his committee, one of the innovations of the rules

10920-582: The late 20th century by the federally recognized tribes. New York put up more than 5 million acres (20,000 km ) of former Iroquois territory for sale in the years after the Revolutionary War, leading to rapid development in Upstate New York. As per the Treaty of Paris , the last vestige of British authority in the former Thirteen Colonies —their troops in New York City—departed in 1783, which

11040-411: The next century, earning it the nickname of the " Empire State ". Although deindustrialization eroded a portion of the state's economy in the second half of the 20th century, New York in the 21st century continues to be considered as a global node of creativity and entrepreneurship , social tolerance , and environmental sustainability . The state attracts visitors from all over the globe, with

11160-445: The opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. Since the demurrer procedure required an immediate ruling as does a motion, many common law jurisdictions therefore narrowed the concept of pleadings to be framing the issues in a case. Pleadings are not motions in and of themselves, and courts replaced

11280-616: The other party(s) then the Court might disallow interest for the period prior to the information being provided. In addition, the protocol might provide grounds to show a party had or had not behaved so unreasonably as to merit penalty under another Rule (for instance CPR 44.3). Where no protocol has been published Paragraph 4 states that parties should conform to CPR 1 and the Overriding Objective. It also sets out what would normally be considered reasonable behaviour prior to issue. Where

11400-611: The people for ratification. On July 30, 1777, George Clinton was inaugurated as the first Governor of New York at Kingston. Approximately a third of the battles of the American Revolutionary War took place in New York; the first major one and largest of the entire war was the Battle of Long Island , also known as the Battle of Brooklyn, in August 1776. After their victory, the British occupied present-day New York City, making it their military and political base of operations in North America for

11520-498: The pleading process. Most of the old common law pleadings were abolished. From now on, a case required only a complaint and an answer, with an optional cross-complaint and cross-answer, and with the demurrer kept as the standard attack on improper pleadings. Instead of piling layers and layers of pleadings and averments on top of each other, a pleading that was attacked by demurrer would either be completely superseded by an amended pleading or would proceed immediately "at issue" as to

11640-640: The provinces of Ontario and Quebec in Canada, with New York and Ontario sharing the Thousand Islands archipelago within the Saint Lawrence River, while most of its border with Quebec is on land; it shares Lake Champlain with the New England state of Vermont ; the New England state of Massachusetts has mostly a land border; New York extends into Long Island Sound and the Atlantic Ocean , sharing

11760-400: The region. Maritime or shore birds of New York are great blue heron , killdeers , northern cardinals , American herring gulls , and common terns . Reptile and amphibian species in land areas of New York include queen snakes , hellbenders , diamondback terrapins , timber rattlesnakes , eastern fence lizards , spotted turtles , and Blanding's turtles . Sea turtles that can be found in

11880-426: The repairs or other work to residential premises claimed against the landlord by a tenant is estimated to be more than £1,000 – whether or not they are also seeking another remedy – or the financial value of any claim in addition to those repairs is more than £1,000. A claim for a remedy for harassment or unlawful eviction relating to residential premises will not be allocated to the Small Claims Track even if it meets

12000-529: The requirements of case management as "fixing timetables for the parties to take particular steps in the case; and limiting disclosure and expert evidence". The second thread of the report was to control the cost of litigation, both in time and money, by focusing on key issues rather than every possible issue and limiting the amount of work that has to be done on the case. The report was accompanied by draft rules of practice designed to implement Lord Woolf's proposals. These rules granted wide management powers to

12120-640: The rest of the State of New York. The placement of a boundary between the two is a matter of great contention. Unofficial and loosely defined regions of Upstate New York include from the Southern Tier, which includes many of the counties along the border with Pennsylvania, to the North Country region, above or sometimes including parts of the Adirondack region. Among the total area of New York state, 13.6% consists of water. Much of New York's boundaries are in water, as

12240-452: The right to representative government . At the same time, given strong commercial, personal and sentimental links to Britain , many New York residents were Loyalists . The Capture of Fort Ticonderoga provided the cannon and gunpowder necessary to force a British withdrawal from the siege of Boston in 1775. New York was the only colony not to vote for independence , as the delegates were not authorized to do so. New York then endorsed

12360-700: The site on March 21, 2014. Upon its completion in 2014, the new One World Trade Center became the tallest skyscraper in the Western Hemisphere, at 1,776 feet (541 m), meant to symbolize the year America gained its independence , 1776. From 2006 to 2018, 3 World Trade Center , 4 World Trade Center , 7   World Trade Center, the World Trade Center Transportation Hub , Liberty Park , and Fiterman Hall were completed. St. Nicholas Greek Orthodox Church and Ronald O. Perelman Performing Arts Center are under construction at

12480-403: The specific matters noted in 44.3(5) and, if relevant, any wider circumstances identified under r. 44.4(1). Accordingly, the wider interpretation is correct." Claims with a value of not more than £10,000 (the amount increased on 1 April 2013) are usually allocated to the Small Claims Track unless: the amount claimed for pain, suffering, and loss of amenity is more than £1,000.00; or the cost of

12600-463: The state are the green sea turtle , loggerhead sea turtle , leatherback sea turtle and Kemp's ridley sea turtle . New York Harbor and the Hudson River constitute an estuary , making the state of New York home to a rich array of marine life including shellfish—such as oysters and clams —as well as fish, microorganisms, and sea-birds. Due to its long history, New York has several overlapping and often conflicting definitions of regions within

12720-445: The state, known as Downstate , encompasses New York City , the United States's largest city; Long Island , the nation's most populous island; and the suburbs and wealthy enclaves of the lower Hudson Valley . These areas are the center of the expansive New York metropolitan area and account for approximately two-thirds of the state's population. The larger Upstate area spreads from the Great Lakes to Lake Champlain and includes

12840-480: The town New Amsterdam , which is present-day New York City); and Esopus (1653, now Kingston ). The success of the patroonship of Rensselaerswyck (1630), which surrounded Albany and lasted until the mid-19th century, was also a key factor in the early success of the colony. The English captured the colony during the Second Anglo-Dutch War and governed it as the Province of New York . The city of New York

12960-467: The two planes. Since September   11, most of Lower Manhattan has been restored. In the years since, over 7,000 rescue workers and residents of the area have developed several life-threatening illnesses, and some have died. A memorial at the site, the National September ;11 Memorial & Museum , was opened to the public on September   11, 2011. A permanent museum later opened at

13080-416: The validly pleaded parts. This meant that to determine what the parties were currently fighting about, a stranger to a case would no longer have to read the entire case file from scratch, but could (in theory) look only at the most recent version of the complaint filed by the plaintiff, the defendant's most recent answer to that complaint, and any court orders on demurrers to either pleading. Code pleading

13200-426: The vast majority of the state's geographic area is dominated by meadows , forests , rivers, farms, mountains, and lakes. Most of the southern part of the state rests on the Allegheny Plateau , which extends from the southeastern United States to the Catskill Mountains ; the section in the State of New York is known as the Southern Tier . The rugged Adirondack Mountains , with vast tracts of wilderness, lie west of

13320-569: Was a major ocean port and had extensive traffic importing cotton from the South and exporting manufacturing goods. Nearly half of the state's exports were related to cotton. Southern cotton factors, planters and bankers visited so often that they had favorite hotels. At the same time, activism for abolitionism was strong upstate, where some communities provided stops on the Underground Railroad . Upstate, and New York City, gave strong support for

13440-423: Was by expensive wagons on muddy roads before canals opened up the rich farmlands to long-distance traffic. Governor DeWitt Clinton promoted the Erie Canal , which connected New York City to the Great Lakes by the Hudson River , the new canal, and the rivers and lakes. Work commenced in 1817, and the Erie Canal opened eight years later, in 1825. Packet boats pulled by horses on tow paths traveled slowly over

13560-589: Was chosen due its relative isolation with proximity to New York City and the rail lines of Jersey City, New Jersey , via a short ferry ride. While the island was being developed and expanded via land reclamation , the federal government operated a temporary depot at the Barge Office at the Battery. Ellis Island opened on January 1, 1892, and operated as a central immigration center until the National Origins Act

13680-401: Was criticized because many lawyers felt that it was too difficult to fully research all the facts needed to bring a complaint before one had even initiated the action, and thus meritorious plaintiffs could not bring their complaints in time before the statute of limitations expired. Code pleading has also been criticized as promoting "hypertechnical reading of legal papers". Notice pleading

13800-638: Was divided roughly in half between the Algonquian Wampanoag and Lenape peoples. The Lenape also controlled most of the region surrounding New York Harbor . North of the Lenape was a third Algonquian nation, the Mohicans . Starting north of them, from east to west, were two Iroquoian nations: the Mohawk —part of the original Iroquois Five Nations, and the Petun . South of them, divided roughly along Appalachia , were

13920-424: Was last updated on 6 September 2007. Paragraph 2 indicates that the Court may add terms to any order if it feels a party has breached a protocol. These will place parties in the same position as if the breach had not occurred (or as close as possible). The court may, amongst other remedies, order that the party in breach: For instance, where a party commences proceedings prior to supplying important information to

14040-552: Was long afterward celebrated as Evacuation Day . New York City was the national capital under the Articles of Confederation and Perpetual Union , the first national government. That organization was found to be inadequate, and prominent New Yorker Alexander Hamilton advocated for a new government that would include an executive, national courts, and the power to tax. Hamilton led the Annapolis Convention (1786) that called for

14160-536: Was passed in 1924, reducing immigration. After that date, the only immigrants to pass through were displaced persons or war refugees . The island ceased all immigration processing on November 12, 1954, when the last person detained on the island, Norwegian seaman Arne Peterssen, was released. He had overstayed his shore leave and left on the 10:15   a.m. Manhattan-bound ferry to return to his ship. More than 12 million immigrants passed through Ellis Island between 1892 and 1954. More than 100 million Americans across

14280-580: Was recaptured by the Dutch in 1673 during the Third Anglo-Dutch War (1672–1674) and renamed New Orange. It was returned to the English under the terms of the Treaty of Westminster a year later. The Sons of Liberty were organized in New York City during the 1760s, largely in response to the oppressive Stamp Act passed by the British Parliament in 1765. The Stamp Act Congress met in

14400-586: Was that to ascertain what was "at issue" in a case, a stranger to the case (i.e., such as a newly appointed judge) would have to sift through a huge pile of pleadings to figure out what had happened to the original averments of the complaint and whether there was anything left to be actually adjudicated by the court. Code pleading was first introduced in 1850 in New York and in 1851 in California , and eventually spread to 26 other states. Code pleading sought to abolish

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