plea in avoidance

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• plea — In common law pleading (now obsolete with adoption of Rules of Civil Procedure) a pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the defendant. In the strictest sense, the answer which the… …   Black's law dictionary

• plea — /plee/, n. 1. an appeal or entreaty: a plea for mercy. 2. something that is alleged, urged, or pleaded in defense or justification. 3. an excuse; pretext: He begged off on the plea that his car wasn t working. 4. Law. a. an allegation made by, or …   Universalium

• plea in confession and avoidance — A plea which admits the cause of action alleged by the plaintiff, to the extent at least of giving color to the matter, and sets up other matter in avoidance of the same. 41 Am J1st Pl § 158 …   Ballentine's law dictionary

• avoidance — Nullifying; rendering void. See confession and avoidance; plea in confession and avoidance …   Ballentine's law dictionary

• plea in bar — A pleading interposed by the defendant in an action as a complete defense, designed to defeat the action for all time. 41 Am J1st Pl § 115. A plea by an accused in a criminal case, asserting any matter in confession and avoidance not admissible… …   Ballentine's law dictionary

• plea in discharge — A form of plea in confession and avoidance in which the defendant admits the existence at one time of a cause of action but alleges that, before the action, the defendant satisfied and discharged plaintiff s claim by payment. Nichols v Cecil, 106 …   Ballentine's law dictionary

• plea in confession and avoidance — a plea admitting that the plaintiff once had a good cause of action as alleged but that it is barred by some subsequent or collateral matter pleaded in defense (as a repeal of the statute on which the cause of action is founded) …   Useful english dictionary

• confession and avoidance — n: a common law plea in which a party confesses an allegation but alleges additional facts to avoid the intended legal effect of the original allegation compare demurrer Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

• Confession and avoidance — Confession and avoidance, in pleading, the plea admitting that facts alleged in a declaration are true, but showing new facts by which it is hoped to destroy the effect of the allegations admitted. A plea in confession and avoidance neither… …   Wikipedia

• special plea — noun : a plea (as of infancy, statute of limitations or of frauds, discharge in bankruptcy or release) alleging new and affirmative matter as a defense without denying any allegations of the opponent : a plea in bar or in avoidance of what… …   Useful english dictionary

• confession and avoidance — A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the complaint or declaration, either expressly or by implication, but then proceeds to allege new matter which tends to deprive the facts… …   Black's law dictionary