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I have a basic question that stems purely from curiosity. It might be important to mention that I am not a lawyer nor a student of law. I have read multiple pleadings in which some of them end with a paragraph around the lines that the application

" ... is well founded in fact and in law."

What does this mean? I was under the impression that all applications that are filed at any court would be filed with the genuine belief that it is well founded. It seems to me as an obvious statement to make, and I am curious if there is a reason why people do mention it, and if it makes any difference.

  • I can't exactly speak to the reasons for the use of that phrase, but I would just note that simply because something is (or is perceived to be) an obvious statement, does not mean that in law in general it would go without saying. For example, every complaint states the statute under which the court has jurisdiction. There are but a handful of possibilities to pick from depending on the circumstances. I understand this is not as obvious as one would think the fact that a person filing a case thinks it is well founded, but it's the best example I can think of at the moment :) – A.fm. Mar 27 '18 at 20:54
  • Another possibility is that the litigant is stating in writing both that the pleading has a factual basis (not "Well that's what I was told") and that there is an actual legal reason (not "Well, it can't be right for them to do that"). This cuts out some frivolous claims; you might be surprised how many. – Tim Lymington Mar 27 '18 at 22:57
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    Is it just an affectation? – Dale M Mar 28 '18 at 0:22

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