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Encyclopedia > Peremptory plea

In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. They are the plea of autrefois convict, the plea of autrefois acquit, and the plea of pardon.


English law apparently provides an additional preremptory plea of "special liability to repair a road or bridge", according to the Oxford Dictionary of Law -- what is this plea?


  Results from FactBites:
 
Supreme Law Library : References : Bouvier's Law Dictionary : bldp2 (15587 words)
Pleas of this kind are either that the plaintiff is not in existence, being only a fictitious person, or dead; or else, that being in existence, he is under some disability to bring or maintain the action, as by being an alien enemy; Com.
All dilatory pleas are sometimes called pleas in abatement, as contradistinguished to pleas to the action; this is perhaps not strictly proper, because, though all pleas in abatement are dilatory pleas, yet all dilatory pleas are not pleas in abatement.
The plea, which is either to the jurisdiction of the court, or suspending the action, a's in the case of a parol demurrer, or in abatement, or in bar of the action, or in replevin, an avowry or cognizance.
Plea - Wikipedia, the free encyclopedia (551 words)
Colloquially, a plea has come to mean the assertion by a criminal defendant, at arraignment or otherwise in response to a criminal charge, whether he is guilty or not guilty.
Peremptory pleas are pleas that a case cannot proceed because the defendant has already been convicted of the charge (and thus cannot be tried again), or previously acquitted of the same charge (and hence cannot be tried again, under the doctrine of double jeopardy), or has been pardoned for the offence.
Typically the hearing on the guilty plea is transcribed by a court reporter and the transcript is made a part of the permanent record of the case in order to preserve the conviction's validity from being challenged at some future time.
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