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单词 special plea in bar
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special plea in bar
In civil and criminal law: a plea either in abatement or in bar of an action or prosecution, alleging some new fact, and not, as in the general issue (general adj. 4b), merely disputing the ground of action or charge; cf. to plead specially at plead v. 6c. Also more fully special plea in bar, special plea in the bar (cf. plea-in-bar n. at plea n. 4c).
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society > law > administration of justice > court proceedings or procedure > pleading > [noun] > special
special plea1583
special pleading1750
1583 Sir T. Smith's De Republica Anglorum ii. ix. 51 (margin) Sauing in appels and vpon a speciall plea.
1623 T. Powell Attourneys Acad. 116 All speciall Pleas here are pleaded vnder the hand of one of the Sergeants at Law.
1699 in Ld. Raymond Reports (1765) I. 393 A rule was made by consent that the defendant should waive the special plea, and plead the general issue.
1720 T. Wood Inst. Laws Eng. II. 1009 The Special Pleas are many, as Per dures, Per Minas.
1768 W. Blackstone Comm. Laws Eng. III. xx. 305 When he meant to distinguish away or palliate the charge, it was..usual to set forth the particular facts in what is called a special plea.
1768 W. Blackstone Comm. Laws Eng. III. xx. 305 Pleas that totally deny the cause of complaint are either the general issue, or a special plea in bar.
1768 W. Blackstone Comm. Laws Eng. III. xx. 306 A justification is likewise a special plea in bar.
1769 W. Blackstone Comm. Laws Eng. IV. xxvi. 329 Special pleas in bar; which go to the merits of the indictment, and give a reason why the prisoner ought not to answer it at all, nor put himself upon his trial for the crime alleged. These are of four kinds: a former acquittal, a former conviction, a former attainder, or a pardon.
1808 W. Selwyn Abridgem. Law Nisi Prius II. xviii. 650 Special pleas, either in bar or abatement, are seldom pleaded to this action [sc. Ejectment].
1918 Northeastern Reporter 118 4/2 A demurrer to the replication to the second, third, and fourth special pleas was overruled.
1988 L. B. Curzon Dict. Law (ed. 3) 412/1 Special plea, plea in bar, e.g., plea of former acquittal.
1994 Vincentian 10 June 1/4 Joyce..pleaded Autrefois which was described by their lawyer Dr Ralph Gonsalves as a special plea in the bar.
2011 Namibian (Windhoek) (Nexis) 25 Nov. A special plea which a former senior employee of Trustco Group International raised in response to a N$115 000 claim which the company is pursuing against him was dismissed in the High Court in Windhoek yesterday.
extracted from special plean.
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更新时间:2024/9/21 2:45:59