Plea - Definition - Law Dictionary Home Dictionary Definition plea

Definition :

Plea [fr. plee, Fr.]. this was the name of a defendant's answer of fact to a plaintiff's declaration; anciently a suit or action.

Pleas were divided into common pleas, relating to civil causes, and pleas of the Crown, relating to criminal prosecutions.

At Common Law pleas were divided into:

(1) Dilatory; which were subdivided into:

(a) To the jurisdiction of the Court.

(b) In suspension of the action,

(c) In abatement of the writ or declaration, and:

(2) Peremptory, i.e., in bar of the action.

The distinction between these two classes of pleas was that the dilatory showed some ground for quashing the declaration, the peremptory for defeating the action. Consult Bullen and Leake, or Odgers on Pleading, and Ch. Arch. Practice.

In equity, a plea was resorted to by a defendant when an objection was not apparent on the bill itself, or, as the technical phrase was, where it arose from matter dehors the bill, other matter being dealt with by 'Answer' (see that title).

A defendant now raises his defence in all actions in the High Court of Justice by a statement of defence; see that title and PLEADING.

The order of a prisoner's pleas in criminal law is as follows:

(1) To the jurisdiction.

(2) In abatement.

(3) Special pleas in bar, as

(a) Autrefois acquit.

(b) Autrefois convict.

(c) Pardon.

(4) General issue of not guilty.