Plea in United Kingdom

Plea Meaning

Plea in Scottish Law

The answer the accused gives to the court at the beginning of a trial when asked if he or she is guilty or not guilty.

Definition of Plea

A statement in which the accused says in court that he or she is guilty or not guilty of a crime.

Concept of Plea

The following is an old definition of Plea [1], a term which has several meanings:1. Anciently, a suit or action: as, in the expressions, ” summoned to answer B of a plea of trespass; ” to “hold pleas,” ” have cognizance of pleas.” Common pleas. Civil suits between man and man: tried in the courts of common pleas. Pleas of the crown. Suits prosecuted by the sovereign; crimes and misdemeanors. By “common pleas ” is imderstood such pleas or actions as are brought by private persons against private persons, or by the government where the cause of action is of a civil nature

Alternative Meaning

A formal answer, made by a defendant, to a demand or charge. In common-law practice, the defendant’s answer to the merits of the declaration, as opposed to a demurrer, see, in this resource, the term In equity practice, a short statement, in response to a bill, of facts which, if inserted in the bill, would render it demurrable. An ” answer ” is a complete statement of the defendant’s cause, and may contain responses to interrogatories. The office of a ” plea ” in a suit in equity is not, like an ” answer,” to meet all the allegations of the bill, nor like a ” demurrer,” admitting those allegations, to deny the equity of the bill; but to present some distinct fact, which of itself creates a bar to the suit or to the part to which the plea applies, and thus avoid the necessity of making the discovery asked for, and the expense of going into the evidence at large. The plaintiff may set down the plea for argument, or file a replication to it. It he sets it down for argument, he admits the truth of all the facts stated in it, and merely denies their sufficiency in point of law to prevent his recovery. If he flies a general replication to the plea, no fact is in issue but the ti’uth of the matter pleaded. Objections to the equity of the plaintiff ‘s claim, as stated in his bill, cannot be taken by plea. A plea, though under oath and negativing a material averment in the bill, is not evidence in the defendant’s favor. See Answer, 3. Plead. (1) To carry on a suit or plea; to litigate. (2) To conduct the allegations of the respective parties to a cause. (3) To make an allegation of fact in a cause. (4) To make that allegation of fact which follows and opposes the allegation in the declaration. In the last sense, ” plea ” and ” to plead ” are now generally understood. Plead and pled are sometimes improperly used for pleaded. ” To plead a statute ” is to state the facts which bring a case within the statute, without mentioning the statute itself. Compare Recite.

Resources

Notes and References

1. Meaning of Plea provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)