Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Artful pleading.
see pleading (2),
Articulated pleading
see pleading (1).
Baby act, pleading the. Slang
asserting a person's infancy as a defense to a contract claim made by a minor.
Beaupleader
[law french "fair pleading"] hist. 1. A fine imposed for bad or unfair pleading. 2. A writ of prohibition that prevented a sheriff from taking a fine for bad pleading. ( the statute of marlbridge (1267) prohibited the taking of fines for this type of pleading. See writ of prohibition.
Chief Justice of the Common Pleas
Hist. Formerly, the presiding judge in the Court of Common Pleas. 0 The Judicature Act of 1875 merged the Common Pleas Division into the Queen's Bench Division, at which time the Lord Chief Justice assumed the office of the Chief Justice of the Common Pleas. Cf. LORD CHIEF JUSTICE OF ENGLAND.
Common Pleas
Court of. See COURT OF COMMON PLEAS.
Court of Common Pleas
1. Hist. A superior court having jurisdiction of all real actions and common pleas (i.e., actions between subjects). ( The Court was presided over by a chief justice with four (later five) puisne judges. In 1873 it became the Common Pleas Division of the High Court of Justice. In 1881 it merged into the Queen's Bench Division. 2. An intermediatelevel court in some states, such as Arkansas. 3. A trial court of general jurisdiction in some states, such as Ohio, Pennsylvania, and South Carolina. - Also termed Court of Common Bench. - Abbr. C.P. "Common pleas is the kings Court now held in W estminster hall, but in auncient time moveable, as appeareth by the statute called Magna charta .... [U]ntill the time that Henry the third granted the great charter, there were but two courts in all, called the Kings courts: whereof one was the Exchequer, and the other, the kings bench, which was then called (curia Domini regis) and (aula regis) because it followed the court or king: and that upon the grant of that charter, the court of common pleas was erected and setled in one place certaine: viz. at Westminster .... All civill causes both reall and personall are, or were in former times, tryed in this court, according to the strict laws of the realms: and by Fortescue, cap. 50 it seemeth to have bene the onely court for reall causes." John Cowell, The Interpreter (1607).
Court of Pleas
Hist. A court of the county palatine of Durham, having a local common-law jurisdiction. ( It was abolished in 1873, and its jurisdiction was transferred to the High Court. Also termed Court of Pleas of Dur ham.
Fifth Amendment, pleading the
See PLEADING THE FIFTH.
Implead
vb. 1. To bring (someone) into a lawsuit; esp., to bring (a new party) into the action. Cf. INTERPLEAD. 2. Hist. To bring an action against; to accuse. - Formerly also spelled emplead; empleet.
Impleader
n. A procedure by which a third party is brought into a lawsuit, esp. by a defendant who seeks to shift liability to someone not sued by the plaintiff. Fed. R. Civ. P. 14. - Also termed third party practice; vouching-in. Cf. INTERPLEADER; INTERVENTION (1).
Interplead
ub. 1. (Of a claimant) to assert one's own claim regarding property or an issue already before the court. 2. (Of a stakeholder) to institute an interpleader action, usu. by depositing disputed property into the court's registry to abide the court's decision about who is entitled to the property. Cf IMPLEAD.
Interpleader
n. 1. A suit to determine a right to property held by a usu. disinterested third party (called a stakeholder) who is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership. 0 Typically, a stakeholder initiates an interpleader both to determine who should receive the property and to avoid multiple liability. Fed. R. Civ. P. 22. See STAKEHOLDER (1). Cf. IMPLEADER; INTERVENTION (1). 2. Loosely, a party who interpleads.
May it please
the court. An introductory phrase that lawyers use when first addressing a court, esp. when presenting oral argument to an appellate court.
Mispleading
Pleading incorrectly. ( A party who realizes that its pleading is incorrect can usu. amend the pleading, as a matter of right, within a certain period, and can thereafter amend with the court's permission.
Plea
n 1 An accused person's formal response of "guilty," "not guilty," or "no contest" to a criminal charge.
Pleader
1 A party who asserts a particular pleading. 2. A person who pleads in court on behalf of another. 3. Hist. At common law, a person who (though not an attorney) specialized in preparing pleadings for others. - Also termed special pleader. 4. Hist. NARRATOR.
Pleading
n. 1. A formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or responds to allegations, claims, denials, or defenses. ( In federal civil proce dure, the main pleadings are the plaintiff's complaint and the defendant's answer.
Wood-Plea Court
Hist. A court held twice a year in Clun Forest, in Shropshire, to determine matters of wood and agistments.
accusatory pleading
An indictment, information, or complaint accusing a person of a crime that the government will pursue in court.
accusatory pleading.
See PLEADING (1)
affirmative plea
see pure plea under plea (2).
aider by pleading over
the cure of a pleading defect by an adversary's answering the pleading without an objection, so that the objection is waived.
alford plea
a guilty plea entered into by a defendant in connection with a plea bargain, without actually admitting guilt. ( this plea is not considered compelled within the language of the fifth amendment if the plea represents a voluntary, knowing, and intelligent choice between the available options <the defendant - realizing the strength of the prosecution's evidence and not wanting to risk receiving the death penalty - entered into an alford plea>. north carolina v. alford, 400 u.s. 25, 91 s.ct. 160 (1970).
alternative pleading
A form of pleading whereby the pleader alleges two or more independent claims or defenses that are not necessarily consistent with each other, such as alleging both intentional infliction of emotional distress and negligent infliction of emotional distress based on the same conduct. Fed. R. Civ. P. 8(e)(2). Cf. DUPLICITY (2); double plea under PLEA (3).
amended pleading
see pleading (1).
anomalous plea
An equitable plea consisting in both affirmative and negative matter. ( That is, it is partly confession and avoidance and partly traverse. The plea is appropriate when the plaintiff, in the bill, has anticipated the plea, and the defendant then traverses the anticipatory matters. - Also termed plea not pure. Cf pure plea.
anomalous pleading
see pleading (1).
artful pleading
A plaintiff's disguised phrasing of a federal claim as solely a statelaw claim in order to prevent a defendant from removing the case from state court to federal court.
articulated pleading
A pleading that states each allegation in a separately numbered paragraph.
bill in the nature of interpleader.
A bill of interpleader filed by a person claiming an interest in interpleaded property.
bill of interpleader.
An original bill filed by a party against two or more persons who claim from that party the same debt or duty. The requesting party asks the court to compel the contenders to litigate their rights to establish to whom the debt or duty is due. SeeINTERPLEADER."The common law offered the stakeholder no relief, in that if he paid in good faith to one claimant, he might nevertheless be sued by and required to pay another claimant. And a judgment at law in favor of one claimant against the stakeholder was no defense to an action against the stakeholder by another claimant. However, in equity the bill or suit of interpleader offers him a remedy in that he may interplead (bring) into one action all of the claimants, turn the money or property over to the court, be himself dismissed from the proceeding, and have the court decide which of the claimants is entitled to the fund or property ...." William Q. de Funiak, Handbook of Modern Equity § 108, at 241-42 (2d ed. 1956).
blind plea
A guilty plea made without the promise of a concession from either the judge or the prosecutor. Cf. negotiated plea.
blind plea.
See PLEA (1).
code pleading
A procedural system requiring that the pleader allege merely the facts of the case giving rise to the claim, not the legal conclusions necessary to sustain the claim. -Also termed fact pleading. Cf. issue pleading.
common plea
1. A common-law plea in a civil action as opposed to a criminal prosecution. - Also termed common cause; common suit. 2. Hist. A plea made by a commoner.By common pleas' Magna Carta meant no more than ordinary pleas between commoners." Alan Harding, A Social History of English Law 51 (1966).
common-law pleading
The system of pleading historically used in the three common-law courts of England (the King's Bench, the Common Pleas, and the Exchequer) up to 1873.
cop a plea
ub. Slang. (Of a criminal defendant) to plead guilty to a lesser charge as a means to avoid standing trial fOr <t more serious offensr See PLEA BARGAIN
declinatory plea
Hist. A pretrial plea claiming benefit of clergy. - Also termed plea of sanctuary. See BENEFIT OF CLERGY.
defective pleading
See PLEADING (1).
dilatory plea
A plea that does not challenge the merits of a case but that seeks to delay or defeat the action on procedural grounds. "Dilatory pleas are those which do not answer the general right of the plaintiff, either by denial or in confession and avoidance, but assert matter tending to defeat the particular action by resisting the plaintiffs present right of recovery. They may be divided into two main classes: (1) Pleas to the jurisdiction and venue. (2) Pleas in abatement. A minor class, sometimes recognized, is pleas in suspension of the action." Benjamin J. Shipman, Handbook of Common-Law Pleading § 220, at 382 (Henry Winthrop Ballantine ed., 3d ed. 1923).
double plea
A plea consisting in two or more distinct grounds of complaint or defense for the same issue. Cf. alternative pleading under PLEADING (2); DUPLICITY (2).
double pleading
See DUPLICITY (2).
enclosed please find
See TRANSMITTAL LETTER.
equity pleading
The system of pleading used in courts of equity. ( In most jurisdictions, rules unique to equity practice have been largely supplanted by rules of court, esp. where law courts and equity courts have merged.
fact pleading
See code pleading under PLEADING (2).
faint pleader
A false, fraudulent, or collusive manner of pleading.
false plea
See sham pleading under PLEADING
general plea
See general denial under DENIAL.
general plea in bar
A criminal defendant's plea of not guilty by which the defendant denies every fact and circumstance necessary to be convicted of the crime charged.