Guilty Plea - Law Dictionary Search Results
Home Dictionary Name: guilty plea Page: 2not guilty
not guilty 1 : a plea by a criminal defendant who intends to contest the charges compare guilty, nolo contendere NOTE: Under the Federal Rules of Criminal Procedure, if a defendant refuses to plead or if the defendant is a corporation that fails to appear the court must enter a plea of not guilty on the defendant's behalf. 2 : a verdict rendered by a jury acquitting a criminal defendant upon finding that the prosecution has not proven the defendant's guilt beyond a reasonable doubt ...
not guilty by reason of insanity
not guilty by reason of insanity 1 : a plea by a criminal defendant who intends to raise an insanity defense used in jurisdictions that require such a plea in order for an insanity defense to be presented 2 : a verdict rendered by a jury in a criminal case that finds that the defendant was insane at the time of committing the crime as determined by application of the test for insanity used in the jurisdiction compare guilty but mentally ill NOTE: A verdict of not guilty by reason of insanity usually results in the commitment of the defendant to a mental institution. Such a verdict, however, may allow the defendant to be released, sometimes into the custody or care of another (as a family member). ...
plea
plea [Anglo-French plei plai legal action, trial, from Old French plait plaid, from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided] 1 a : an allegation of fact in civil litigation made in response to a claim compare demurrer b : a defendant's answer to a plaintiff's claim in civil litigation NOTE: Under the Federal Rules of Civil Procedure, and in states where they have been adopted, civil pleas are abolished, and answers and motions are used instead. Such pleas were used at common law. dil·a·to·ry plea [di-lə-tōr-ē-] : a common-law plea which is intended to defeat the pending action or proceeding without involving any decision on the merits of the case plea in abatement : a plea entered by a party seeking postponement or dismissal of an action by setting forth some matter or defect regarding procedure, jurisdiction, or timing called also plea of abatement plea ...
General issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
plead
plead plead·ed or: pled also: plead [pled] plead·ing [Anglo-French plaider to argue in a court of law, from Old French plaid legal action, trial more at plea ] vi 1 : to make an allegation in an action or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or information before the defendant is called upon to "Kansas Statutes Annotated"] see also alternative 2 : to make a specific plea [ not guilty] ;also : to make a plea of guilty [agreed to to the lesser charge] vt 1 : to allege in or by way of a pleading : state in a pleading [unless plaintiff s and proves facts showing actual malice, he cannot recover punitive damages "Kumaran v. Brotman, 617 N.E.2d 191 (1993)"] [ a case of fraudulent conveyance] 2 : to offer as an excuse [cannot ignorance of the law] plead·able adj plead·er n ...
Plea
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...
Respondeat ouster
Respondeat ouster (let him answer over). If a demurrer is joined in a plea to the jurisdiction, person, or writ, etc., and it be judged that the defendant put in a more substantial plea, interlocutory judgment is given that he shall answer. Also, if a prisoner fail upon a plea in bar, he has judgment of respondent ouster, and may plead over to the offence the general issue, not guilty, Steph. Com., 7th ed., iii. 569; iv. 405.(let him make further answer) -- A judgment or order that a party who made a dilatory plea that has been denied must now plead on merits, Black's Law Dictionary, 7th Edn., p. 1313.Means 'let him make further answer'. A judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits, Black's Law Dictionary, 7th Edn., p. 1313....
VerbarNolo contendere
A plea by the defendant in a criminal prosecution which without admitting guilt subjects him to all the consequences of a plea of guilty...
Diversity
Diversity, a plea by the prisoner in bar of execution, alleging that he is not the same who was attainted, upon which a jury is immediately empanelled to try the collateral issue thus raised, viz., the identity of the person; and not whether he is guilty or innocent, for that has been already decided, 4 Bl. Com. 396. See also 1 Hale's Pleas of the Crown, 370....
Mitigation
Mitigation, abatement of anything penal, harsh, or painful. An address in mitigation is a speech made by the defendant or his counsel to the judge, after verdict or plea of guilty, and which may be followed by a speech in aggravation from the prosecuting counsel.By 27 & 28 Vict.c.110, justices were prohibited from mitigating minimum penalties in pursuance of any power of mitigating penalties conferred on such justices by any local or private Act of Parliament; but this Act is repealed, as to England, by the Summary Jurisdiction Act, 1879, which gives an al-most unlimited power of mitigating such penalties as may be imposed by justices. See also the Probation of Offenders Act,1907 (7 Edw. 7, c. 17).Mitigation, means measures aimed at reducing the impact or effects of a disaster. [Gujarat State Disaster Management Act, 2003, s. 2(m)]...
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