News Updates
Law Dictionary
Search:

plea not pure

See anomalous plea.

plea of confession and avoidance

See CONFESSION AND AVOIDANCE.

plea of confession and avoidance

See CONFESSION AND AVOIDANCE.

plea of pregnancy

A plea of a woman convicted of a capital crime to stay her execution until she gives birth. See PLEAD (ONE S) BELLY.

plea of privilege

See PLEA (3).

plea of privilege

A plea that raises an objection to the venue of an action. See CHANGE OF VENUE.

plea of release

A plea that admits the claim but sets forth a written discharge executed by a party authorized to release the claim. See RELEASE (2).

plea of release

See PLEA (3).

plea of sanctuary

See DECLINATORY PLEA.

plea of tender

At common law, a pleading asserting that the defendant has consistently been willing to pay the debt demanded, has offered it to the plaintiff, and has brought the money into court ready to pay the plaintiff. See TENDER.

plea puis darrein continuance

See PLEA (3).

plea puis darrein continuance

(pwis dar-ayn kan-tin¬yoo-ants). [Law French "plea since the last continu¬ance ]. A plea that alleges new defensive matter that has arisen during a continuance of the case and that did not exist at the time of the defendant s last pleading.

plea to the person of the plaintiff

A plea in abatement alleging that the plaintiff has a legal disability to sue.

plea to further maintenance to the action

A defensive plea asserting that events occurring after the commencement of the action necessitate its dismissal. The plea is obsolete because of the pleading requirements in federal and state rules of civil procedure.

plea to further maintenance to the action

See PLEA (3).

plea to the action

See negative plea under PLEA (3).

plea to the action

See negative plea.

plea to the count

See plea to the declaration under PLEA (3).

plea to the declaration

See PLEA (3).

plea to the declaration

A plea in abatement that objects to the declaration and applies immediately to it. Also termed plea to the count.

plea to the jurisdiction

See jurisdictional plea.

plea to the jurisdiction

See jurisdictional plea under PLEA (3).

plea to the person of the defendant

See PLEA (3).

plea to the person of the defendant

A plea in abatement alleging that the defendant has a legal disability to be sued.

plea to the person of the plaintiff

See PLEA (3).

plea to the writ

See PLEA (3).

plea to the writ

A plea in abatement that objects to the writ (summons) and applies (1) to the form of the writ for a matter either apparent on the writ s face or outside the writ, or (2) to the way in which the writ was executed or acted on.

plead

1. To make a specific plea, esp. in response to a criminal charge <he pleaded not guilty>. 2. To assert or allege in a pleading <fraud claims must be pleaded with particularity>. 3. To file or deliver a pleading <the plaintiff hasn t pleaded yet>.

plead

(one s) belly. Slang. (Of a female defendant) to claim pregnancy as a defense, usu. to postpone or avoid a court s sentence of capital punishment or transportation. A woman who pleaded that she was pregnant was treated with suspicion. The judge would appoint a jury of matrons (often consisting of 12 married mothers) to examine the claimant (under the writ de ventre inspiciendo). If the woman was declared to be "quick with child" (in an advanced state of pregnancy rather than "barely with child" or only newly or just pOSSibly pregnant), she enjoyed a reprieve from execution or transportation until after the child s birth (or miscarriage). Because juries of matrons often declared barren defendants to be pregnant, a court would keep track of a reprieved woman to see if the delay was justified or if she should be made to suffer the sentence ("called down") at the next session. Although the plea and the special jury are no longer in use, the prohibition against executing a pregnant woman persists in modern law. 18 USCA § 3596(b).

plead over

1. To fail to notice a defective allegation in an opponent s pleading before responding to the pleading. 2. To plead the general issue after a defendant has had a dilatory plea overruled. See AIDER BY PLEADING OVER.

plead the Fifth

See TAKE THE FIFTH.

pleader

1. A party who asserts a particular pleading. 2. A person who pleads in court on behalf of another. 3. At common law, a person who (though not an attorney) specialized in preparing pleadings for others. Also termed special pleader. 4. NARRATOR.

pleading

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 procedure, the main pleadings are the plaintiff s complaint and the defendant s answer.

pleading in the alternative

See alternative pleading.

pleading the baby act

See BABY ACT, PLEADING THE.

pleading the Fifth

The act or an instance of asserting one s right against self-incrimination under the Fifth Amendment. - Also termed taking the Fifth. See RIGHT AGAINST SELF-INCRIMINATION.

pleading to the merits

A responsive pleading that addresses the plaintiff s cause of action, in whole or in part.

pleasure appointment

See APPOINTMENT (1).

pleasure appointment

The assignment of someone to employment that can be taken away at any time, with no requirement for cause, notice, or a hearing. Also termed at-pleasure appointment.

plebeian

(pli-bee-an), n. Roman law. A member of the Roman plebs; an ordinary citizen, not a member of the upper class (patricians).

plebiscite

(pleb-a-sit or pleb-a-sit), 1. A binding or nonbinding referendum on a proposed law, constitutional amendment, or significant public issue. Cf. REFERENDUM; INITIATIVE. 2. A direct vote of a country s electorate to decide a question of public importance, such as union with another country or a proposed change to the constitution. plebiscitary (pla-bi-sa-ter-ee), adj.

plebiscitum

(pleb-a-si-tam), An enactment passed at the request of a tribune by the assembly of the common people (the concilium plebis). See CONCILIUM PLEBIS. PI. plebiscita.

plebs

(plebz), n. [Latin] Roman law. The common people in ancient Rome; the general body of citizens, excluding the patricians. PI. plebes (plee-beez).

pledge

1. A formal promise or undertaking. Cf. OATH. 2. The act of providing something as security for a debt or obligation. 3. A bailment or other deposit of personal property to a creditor as security for a debt or obligation; PAWN (2). See contract to pledge under CONTRACT. Cf. LIEN (1). 4. The item of personal property so deposited; PAWN (1). 5. The thing so provided. Formerly also termed safepledge. 6. A security interest in personal property represented by an indispensable instrument, the interest being created by a bailment or other deposit of personal property for the purpose of securing the payment of a debt or the performance of some other duty. 7. A person who acts as a surety for the prosecution of a lawsuit. In early practice, pledges were listed at the end of the declaration. Over time the listing of pledges became a formality, and fictitious names (such as "John Doe" or "Richard Roe) were allowed. - pledge, vb. pledgeable, adj. "A pledge is something more than a mere lien and something less than a mortgage." Leonard A. Jones, A Treatise on the Law of Collateral Securities and Pledges § 2, at 4 (Edward M. White rev., 3d ed. 1912). A pledge is a bailment of personal property to secure an obligation of the bailor. If the purpose of the transaction is to transfer property for security only, then the courts will hold the transaction a pledge, even though in form it may be a sale or other out-and-out transfer." Ray Andrews Brown, The Law of Personal Property § 128, at 622 (2d ed. 1936). The pledge is as old as recorded history and is still in use, as the presence of pawnbrokers attests. In this transaction the debtor borrows money by physically transferring to a secured party the possession of the property to be used as security, and the property will be returned if the debt is repaid.

pledged account

A mortgagor's account pledged to a lender in return for a loan bearing interest at a belowmarket rate.

pledged account

See ACCOUNT.

pledgee

One with whom a pledge is deposited.

pledgery

Archaic. See SURETYSHIP (1).

pledgor

One who gives a pledge to another. - Also spelled pledger.

plegiis acquietandis

See DE PLEGIIS ACQUIETANDIS.

plena aetas

(plee-a-ee-tas). [Latin] Full age. See AGE OF MAJORITY.

plena forisfactura

(plee-na for-is-fak-char-a). [Latin "complete forfeiture"] A forfeiture of all that one possesses.

plena probatio

See probatio plena.

plena probatio

See probatio plena under PROBATIO.

plenarty

(plee-nar-tee or plen-ar-tee), The condition of being full or occupied; esp., the state of a benefice that is lawfully occupied by an incumbent.

plenary

(plee-na ree or plen-a-ree), adj. 1. Full; complete; entire <plenary authority>. 2. (Of an assembly) intended to have the attendance of all members or participants <plenary session>.

plenary action

See ACTION (4).

plenary action

(plee-na-ree or plen-). A full hearing or trial on the merits, as opposed to a summary proceeding. Cf. summary proceeding under PROCEEDING.

plenary confession

See CONFESSION.

plenary confession

(plee-na-ree or plen-a). A complete confession; one that is believed to be conclusive against the person who made it.

plenary guardianship

A guardianship in which the guardian can make decisions about both the ward's estate and the ward's person.

plenary guardianship

See GUARDIA!IISHIP.

plenary jurisdiction

See JURISDICTION.

plenary jurisdiction

(plee-na-ree or plen-a-ree). A court"s full and absolute power over the subject matter and the parties in a case.

plenary power

(plee-na-ree or plen-a-ree). Power that is broadly construed; esp., a court s power to dispose of any matter properly before it.

plenary power

See POWER (3).

plenary review

Appellate review by all the members of a court rather than a panel.

plenary review

See JUDICIAL REVIEW.

plenary session

See SESSION (1).

plenary session

A meeting of all the members of a deliberative assembly, not just a committee.

plenary suit

(plee-na-ree or plen-a-ree). An action that proceeds on formal pleadings under rules of procedure. Cf. summary proceeding under PROCEEDING.

plenary suit

See SUIT.

plene

(plee-nee), adv. [Latin] Fully; completely; sufficiently.

plene administravit

(plee-nee ad-min-a-stray-vit). [Law Latin "he has fully administered ]. A defensive plea in which an executor or administrator asserts that no assets remain in the estate to satisfy the plaintiffs demand.

plene administravit praeter

(plee-nee ad-min-a-stray¬vit pree-tar). [Law Latin "he has fully administered, except]. A defensive plea in which an executor or administrator asserts that no assets remain in the estate, except a stated few that are insufficient to satisfy the plaintiff s demand.

plene computavit

(plee-nee kom-pyoo-tay-vit). [Law Latin "he has fully accounted ]. A plea in an action ofaccount render, alleging that the defendant has fully accounted. See ACCOUNTING (3).

plenipotentiary

(plen-a-pa-ten-shee-er-ee). A person who has full power to do a thing; a person fully com¬missioned to act for another. See minister plenipotentiary under MINISTER.

pleno jure

(plee-noh joor-ee). [Latin]. With full right. The phrase usu. referred to a conveyance of the full rights to property.

plenum dominium

See dominium plenum under DOMINIUM.

plenum dominium

See dominium plenum. 2. Lordship; sovereignty. The Latin word for ownership, dominium, is particularly confusing, since in medieval times it is also the word for lordship." J,H. Baker, An Introduction to English Legal History 255 (3d ed, 1990).

plevin

(plev-in), n. Archaic. An assurance or warrant; a pledge.

Plimsoll marks

See LOAD LINE (2).

PLL

abbr. See product-liability loss under LOSS.

plot

(bef. 12c) 1. A measured piece of land; LOT (1). Cf. PLAT (1). 2. A plan forming the basis of a conspiracy.

plot plan

A plan that shows a proposed or present use of a plot of land, esp. of a residential area.

plottage

The increase in value achieved by combining small, undeveloped tracts of land into larger tracts.

plow back

To reinvest earnings and profits into a business instead of paying them out as dividends or withdrawals.

plowbote

See BOTE (1).

plowbote

An allowance of wood for the construction and repair of farm equipment. Also termed cartbote.

plowland

See CARUCATE.

plowman s fee

See FEE (2).

plowman's fee

A species of tenure for peasants or small farmers by which the land descended in equal shares to all the tenant's sons.

PLR

abbr. PUBLIC-LENDING RIGHT.

pltf

abbr. PLAINTIFF.

plunder

See PILLAGE.

plunderage

The embezzling of goods on a ship.

plural majority

See PLURALITY.

plural marriage

1. See MARRIAGE (1). 2. See POLYGAMY.

plural wife

See WIFE.

plurality

The greatest number (esp. of votes), regardless of whether it is a simple or an absolute majority <a four-member plurality of the Supreme Court agreed with this view, which received more votes than any other>. Also termed plural majority. Cf. MAJORITY (2).

Page 277 of 376