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Plea
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Plea1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Lord
In England, this is a title of honor. In the U. S. no such titles are allowed
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Foreign
That which belongs to another country; that which is strange.
Matter
Some substantial or essential thing, opposed to form; facts.
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Stay
A procedure whereby a court does not dismiss an action or dismisses it conditionally on grounds of forum non conveniens (supra).
Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.
Fact
An action; a thing done. It is either simple or compound.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Plaint
English law. The exhibiting of any action, real or personal, in writing; the party making his plaint is called the plaintiff.
Plaintiff in error
A party who sues out a writ of error, and this whether in the court below he was plaintiff or defendant.
Plan
The delineation or design of a city, a house or houses, a garden, a vessel, &c. traced on paper or other substance, representing the position, and the relative proportions of the different parts.
Plantations
Colonies, dependencies. In England, this word, as it is used, is never applied to, any of the British dominions in Europe, but only to the colonies in the West Indies and America.
Plat
A map of a piece of land, in which are marked the courses and disstances of the different lines, and the quantity of land it contains.
Plea
Plea bargaining
Negotiations during a criminal trial, between an accused person and a prosecutor in which the accused agrees to admit to a crime (sometimes a lesser crime than the one set out in the original charge), avoiding the expense of a public trial, in exchange for which the prosecutor agrees to ask for a more lenient sentence than would have been recommended if the case had of proceeded to full trial. The normal rule of law is that judges are not bound by plea bargains although, as past lawyers themselves, they are generally aware of plea bargains and a reasonable recommendation of a prosecutor on sentencing is always heavily considered.
Plead
To plead. The formal entry of the defendant's defence on the record. In a popular sense, it signifies the argument in a cause, but it is not so used by the profession.
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Pleading, special
By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Lord
In England, this is a title of honor. In the U. S. no such titles are allowed
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Foreign
That which belongs to another country; that which is strange.
Matter
Some substantial or essential thing, opposed to form; facts.
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Stay
A procedure whereby a court does not dismiss an action or dismisses it conditionally on grounds of forum non conveniens (supra).
Answer
Practice. The declaration of a fact by a witness after a question has been put asking for it.
Fact
An action; a thing done. It is either simple or compound.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Plaint
English law. The exhibiting of any action, real or personal, in writing; the party making his plaint is called the plaintiff.
Plaintiff in error
A party who sues out a writ of error, and this whether in the court below he was plaintiff or defendant.
Plan
The delineation or design of a city, a house or houses, a garden, a vessel, &c. traced on paper or other substance, representing the position, and the relative proportions of the different parts.
Plantations
Colonies, dependencies. In England, this word, as it is used, is never applied to, any of the British dominions in Europe, but only to the colonies in the West Indies and America.
Plat
A map of a piece of land, in which are marked the courses and disstances of the different lines, and the quantity of land it contains.
Plea
Plea bargaining
Negotiations during a criminal trial, between an accused person and a prosecutor in which the accused agrees to admit to a crime (sometimes a lesser crime than the one set out in the original charge), avoiding the expense of a public trial, in exchange for which the prosecutor agrees to ask for a more lenient sentence than would have been recommended if the case had of proceeded to full trial. The normal rule of law is that judges are not bound by plea bargains although, as past lawyers themselves, they are generally aware of plea bargains and a reasonable recommendation of a prosecutor on sentencing is always heavily considered.
Plead
To plead. The formal entry of the defendant's defence on the record. In a popular sense, it signifies the argument in a cause, but it is not so used by the profession.
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Pleading, special
By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
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This dictionary contains 8526 terms.
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