Also known as: denials · denier · deniers · deny · denies · denied · denying
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A formal response in which a party controverts the truth of an opposing party's factual allegation. The response must be warranted by the evidence or reasonably based on belief or lack of information.
A state action that withholds from any person within its jurisdiction the equal protection of the laws. Such action violates the Fourteenth Amendment.
Each sense below has its own examples, sources, and questions.
A formal response in which a party controverts the truth of an opposing party's factual allegation. The response must be warranted by the evidence or reasonably based on belief or lack of information.
Select any source to read its text and confirm it supports the definition.
A state action that withholds from any person within its jurisdiction the equal protection of the laws. Such action violates the Fourteenth Amendment.
Select any source to read its text and confirm it supports the definition.
Davenport Pharmaceuticals is sued for product liability. Its answer states that it lacks information about the alleged manufacturing defect and therefore denies the factual contention. The court later finds the denial proper because it rested on a reasonable belief after investigation.
Demetrus Douglas testifies at trial that he never saw the accident. The defendant seeks to introduce his earlier deposition statement that he did see the crash. The court requires that Douglas first be given a chance to explain or deny the prior statement before extrinsic evidence is admitted.
Dolores Diaz seeks an injunction to stop a neighbor's encroaching structure. The court weighs the hardship an injunction would impose on the neighbor against the harm Diaz would suffer if relief is denied. Finding the balance favors the neighbor, the court denies the injunction.
Delta Dynamics faces a diversity class action under state law that would bar certification for certain claims. The plaintiffs move for certification under Federal Rule of Civil Procedure 23. The court grants certification because the federal rule controls and displaces the conflicting state statute.
The denial must be warranted on the evidence or reasonably based on belief or a lack of information after reasonable inquiry. A party may not deny an allegation it knows to be true.
Supporting sources
No. The rule requires that the witness be given an opportunity to explain or deny the statement and that an adverse party be given an opportunity to examine the witness about it before extrinsic evidence is admitted.
Supporting sources
State officials refuse welfare payments to new residents who have lived in the state for less than one year. The applicants challenge the policy as violating their right to travel and equal protection. The court strikes down the residency rule because it denies benefits to otherwise eligible persons solely on the basis of recent arrival.
Dover Bank purchases land after the seller assured an adjacent owner that a right of way would remain. The bank later attempts to block the way. The court holds the bank estopped to deny the servitude because injustice could be avoided only by recognizing the burden on the land.
A state denies equal protection when it enforces a law that withholds from any person within its jurisdiction the equal protection of the laws.
Supporting sources
…of a lineup, and two officers then took him into a separate room to interrogate him, starting about 11:30 a. m. Though at first denying his guilt, within a short time Miranda gave a detailed oral confession and then wrote out in his own hand and signed a brief statement admitting and describing the crime. All this was…