plea to the person of the defendant
A plea in abatement alleging that the defendant has a legal disability to be sued.
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Search Results for: plea to the person of the defendant
not guilty plea
An accused person’s formal denial in court of having committed the charged offense. • The prosecution must then prove all elements of the charged offense beyond a reasonable doubt if the defendant is to be convicted. [Cases: Criminal Law 299. C.J.S. Criminal Law § 378.]
praedictus
praedictus (pri-dik-t[schwa]s), adj. [Law Latin] Hist. Aforesaid. • In pleading, praedictus usu. referred to a defendant, a town, or lands, idem to a plaintiff, and praefatus to a person other than a party. Cf. PRAEFATUS.
conventio
conventio (k[schwa]n-ven-shee-oh). [fr. Latin convenire “to come together”] 1. Eccles. law. The act of con-vening the parties to an action by summoning the defendant. 2. Hist. An agreement or convention; an agreement between two or more persons respecting a legal relation between them. See CONVENTION(1). “Conventio is a word much used both in Ancient and
right against self incrimination
A criminal defendant’s or a witness’s constitutional right — under the Fifth Amendment, but waivable under certain conditions — guaranteeing that a person cannot be compelled by the government to testify if the testimony might result in the person’s being criminally prosecuted. • Although this right is most often asserted during a criminal prosecution, a
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non est inventus
non est inventus (non est in-ven-t[schwa]s). [Latin “he is not found”] Hist. A statement in a sheriff’s return indicating that the person ordered arrested could not be found in the sheriff’s jurisdiction. — Sometimes shorted to non est. — Abbr. n.e.i. “If non est inventus was returned to the bill, and the plaintiff had reason
right against self incrimination
right against self-incrimination. A criminal defendant’s or a witness’s constitutional right — under the Fifth Amendment, but waivable under certain conditions — guaranteeing that a person cannot be compelled by the government to testify if the testimony might result in the person’s being criminally prosecuted. • Although this right is most often asserted during a
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concubinage
concubinage (kon-kyoo-b[schwa]-nij), n. 1. The relationship of a man and woman who cohabit without the benefit of marriage. [Cases: Marriage 22. C.J.S. Marriage §§ 24–25.] 2. The state of being a concubine. 3. Hist. A plea in a dower action made by a defendant who asserts that the plaintiff is the defendant’s concubine rather than
cross complaint
cross-complaint. 1. A claim asserted by a defendant against another party to the action. — Also termed (in some jurisdictions) cross-petition. [Cases: Federal Civil Procedure 786; Pleading 148, 149. C.J.S. Pleading §§ 203, 206.] 2. A claim asserted by a defendant against a person not a party to the action for a matter relating to
empty chair defense
empty-chair defense. A trial tactic in a multiparty case whereby one defendant attempts to put all the fault on a defendant who plea-bargained or settled before trial or on a person who was neither charged nor named as a party.
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