Special Pleas - Law Dictionary Search Results
Home Dictionary Name: special pleasSpecial pleas
Special pleas, pleas not in the form of what were called general issues, but which allege affirmative matter, as infancy, coverture, statute of limitations, etc., see DEFENCE.Special pleas in bar in criminal matters go to the merits of the indictment, and give a reason why the prisoner ought to be discharged from the prosecution: they are of four kinds, viz., a former acquittal, a former conviction, a former attainder, or a pardon...
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...
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
Special Leave to Appeal
Special Leave to Appeal, in England, the judicial committee of the Privy Council possesses the power to grant special leave to appeal, a petition for special leave lies where the court below lacks the power to grant leave to appeal or possessing that power has declined to exercise that power, in criminal cases, leave is granted only when some substantial or gross injustice has been done; in civil cases, on a question of general interest or public importance, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.Is exercisable outside the purview of the ordinary law relating to appeal and in cases where needs of justice demand interference by the highest court of the land; to be exercised only under exceptional circumstances, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305.The Supreme Court of India possesses the power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any caus...
Plea
That which is alleged by a party in support of his cause in a stricter sense an allegation of fact in a cause as distinguished from a demurrer in a still more limited sense and in modern practice the defendants answer to the plaintiffs declaration and demand That which the plaintiff alleges in his declaration is answered and repelled or justified by the defendants plea In chancery practice a plea is a special answer showing or relying upon one or more things as a cause why the suit should be either dismissed delayed or barred In criminal practice the plea is the defendants formal answer to the indictment or information presented against him...
Co-respondent
Co-respondent, the man charged with adultery. The (English) Judicature Act, 1925, s. 177,enacts that on a petition for divorce presented by the husband or in the answer of a husband praying for divorce, the petitioner or respondent, as the case may be, shall make the alleged adulterer a co-respondent unless he is excused by the Court on special grounds from so doing. On a petition for divorce presented by the wife the Court may, if it thinks fit, direct that the person with whom the husband is alleged to have committed adultery be made a respondent.By s. 189, the husband may claim damages from any person on the ground of adultery with the wife; and the claim for damages shall, subject to the provisions of any enactment, relating to trial by jury in the court, be tried on the same principles and manner as actions for criminal conversation were tried before the commencement of the (English) Matrimonial Causes Act, 1857 (partly repealed), and the provision of that Act with reference to th...
De lunatico inquirendo, writ
De lunatico inquirendo, writ, a process formerly issued to inquire into the condition of a person's mind. Those judges [see (English) Jud. Act, 1873, s. 17; Jud. Act, 1875, s. 7] to whom, by special authority from the sovereign, the custody of idiots and lunatics is entrusted may, upon petition or information, grant a commission in the nature of a writ de lunatico inquirendo (which is analogous to the obsolete de idiota inquirendo), to inquire into the party's state of mind. If the party be found non compos, the care of his person, with a suitable allowance for his maintenance, is usually committed to one of his relations or friends, then called his committee.The proceedings are by way of petition to the Judge in Lunacy under s. 90 of the (English) Lunacy Act, 1890, who either may direct an inquisition with or without a jury, or that an issue be tried before a judge of the High Court or refer the matter to the Master in Lunacy with a view to the appointment of a receiver. Applications ...
Averment
Averment [fr. verificatio, Lat.], an advancement or affirmation of any matter in a pleading, and when new matter was introduced the pleading con-cluded with a verification except in the anomalous case of the general plea of bankruptcy under the repealed 6 Geo. 4, c. 16. Verifications or averments were of two kinds: common and special. Common were applied to ordinary cases, and were in the following form:- 'And this the plaintiff (or defendant) is ready to verify.' Special were used where the matter pleaded was intended to be tried by record or by some other method than a jury. They were in the following forms:- 'And this the plaintiff (or defendant) is ready to verify, by the said record,' or And this the plantiff (or defendant) in ready to verify, when, where, and in such manner as the Court here shall order, direct, or appoint.'...
Martial law
Martial law, in India, Parliament by law can impose law in any part of the country in case of grave insurrection and provide for indemnity of acts of persons in the maintenance or restoration of order in any area where martial law was in force, validate any sentence passed, punishment inflicted, forfeiture ordered or any other act done under martial law, Commentary on the Constitution of India, Durga Das Basu, Vol. 2, 4th Edn., p. 297, Constitution of India, Art. 34.Martial Law, in the proper sense of the term, means the suspension of ordinary law and the government of a country or parts of it by military tribunals. It must be clearly distinguished (1) from 'military law' (see that title), and (2) from that 'martial law' which forms part of the laws and usages of war. The term 'martial law' is also sometimes used as meaning the common law right of the Crown to repel force by force in the case of insurrection, invasion or riot, and to take such exceptional measures as may be necessary f...
Set-off
Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...
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