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	Supreme Law Library : References : Bouvier's Law Dictionary : bldp2
		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.
	www.supremelaw.org /ref/dict/bldp2.htm (15587 words)

	Plea - Wikipedia, the free encyclopedia
		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.
	www.a013.com /wiki/Plea (551 words)

	The History Box \| Legal Terms: Letter P
		In common-law pleading, the defendant's answer or defense, consisting either of a denial of the facts alleged in the declaration, or a confession that they are true and a statement of new facts by which their legal effect is avoided, or of facts tending to defeat the action itself.
		A PLEA is distinguished from a demurrer in that the latter admits the facts alleged in the declaration, but denies their sufficiency in law to constitute a cause of action; whereas a plea raises only a question of fact in the manner indicated in the above definition.
		However, the divisions of pleas are often referred to by courts and attorneys as descriptive of the nature of a defense set, forth by an answer.
	www.thehistorybox.com /ny_city/nycity_legal_terms_ltr_p_article00440.htm (2502 words)

	Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991)
		The Court concludes that the action of a private attorney exercising a peremptory challenge is attributable to the government and therefore may compose a constitutional violation.
		That these actions may be necessary to a peremptory challenge--in the sense that there could be no such challenge without a venire from which to select--no more makes the challenge state action than the building of roads and provision of public transportation makes state action of riding on a bus.
		It cannot be gainsaid that a peremptory strike is a traditional adversarial act; parties use these strikes to further their own perceived interests, not as an aid to the government's process of jury selection.
	www.law.cornell.edu /supct/html/89-7743.ZD1.html (3718 words)

	Arraignment - Wikipedia, the free encyclopedia
		In response to arraignment, the accused is expected to enter a plea.
		Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar), which set out reasons why a trial cannot proceed.
		In the past, a defendant who refused to plea (or, "stood mute") would be subjected to peine forte et dure.
	en.wikipedia.org /wiki/Arraignment (297 words)

	[No title]
		Underlying paragraph (d), concerning plea discussions and plea agreements, is the notion that it is sometimes permissible for a defendant to plead guilty pursuant to a prior agreement that the prosecution will obtain, seek, or not oppose a certain disposition.
		The motivation for the idea of reducing the number of peremptory challenges in criminal cases was to alleviate the practice of using peremptory challenges to exclude fl persons from service on juries solely because of their race.
		House Bill 324 would require prosecutors to state their reasons for using peremptory challenges when the defendant requests an explanation or on the court's own motion in cases where the defendant or the court believes that peremptory challenges are being used to exclude persons on the sole basis of race.
	www.state.il.us /court/SupremeCourt/Rules/Art_IV/ArtIV.htm (15337 words)

	Bouvier
		When a feme covert is sued, and the objection is merely that the hushand ought to have been sued jointly with her; as when, since entering into the contract, or committing the tort, she has married; she must, when sued alone, plead her coverture in abatement, and aver that her hushand is living.
		Pleas of this kind are for some uncertainty, repugnancy, or want of form, not appearing on the face of the writ itself, but apparent from the recital of it in the declaration only; or else for some variance between the writ and declaration.
		General pleas in bar deny or take issue either upon the whole or part of the declaration, or contain some new matter which is relied upon by the defendant in his defence.
	www.jusbelli.com /Bouvier/bouvier1856_plaint.html (2882 words)

	Autrefois acquit - Wikipedia, the free encyclopedia
		In the common law legal system, a plea of autrefois acquit (French for 'previously acquitted') means the defendant claims to have been previously acquitted of the same offence, on substantially the same evidence, and that hence he or she cannot be tried again.
		This plea is one of the peremptory pleas.
		Related doctines include res judicata and, in the criminal context, a plea in bar of double jeopardy.
	en.wikipedia.org /wiki/Autrefois_acquit (108 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		United States, 250 U.S. Peremptory challenges are permitted only when the government, by statute or decisional law, deems it appropriate to allow parties to exclude a given number of persons who otherwise would satisfy the requirements for service on the petit jury.
		Though the motive of a peremptory challenge may be to protect a private interest, the objective of jury selection proceedings is to determine representation on a governmental body.
		If peremptory challenges based on race were permitted, persons could be required by summons to be put at risk of open and public discrimination as a condition of their participation in the justice system.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=500&invol=614 (9666 words)

	United States District Court-Eastern District of Michigan (Site not responding. Last check: 2007-10-08)
		Rule 11 Plea Agreement: If the Court decides to reject a Rule 11 Plea Agreement, it will so inform the parties in open Court prior to the sentence date.
		For this purpose, it does not matter whether the parties agree to what the applicable range is. A plea may possibly be withdrawn by the defendant if the range turns out to be higher than he advocated.
		Peremptory Challenges in Multiple Defendant Trials: Peremptory challenges are allocated as agreed among the defendants.
	www.mied.uscourts.gov /_practices/omeara/special.htm (637 words)

	Allegheny County Attorney Pittsburgh PA Criminal Lawyer - Guide to Criminal Justice System in Pennsylvania (Site not responding. Last check: 2007-10-08)
		A defendant entering a plea of not guilty may choose to be tried by a jury of twelve citizens or by the judge alone.
		The attorneys are permitted a limited number of "peremptory" challenges to various jurors and an unlimited number of challenges for good cause, the number of peremptory challenges depends on whether the defendant is charged with a misdemeanor, felony or homicide.
		If a defendant elects to plead guilty, a plea date will be scheduled, at which time it will be determined that the defendant is knowingly and voluntarily entering a plea of guilty to the charges against him.
	www.alleghenyattorneys.com /criminal.asp (2235 words)

	Definition of alford plea
		Plea bargains are subject to the approval of the court...
		1:...ct]], the plea of [[autrefois acquit]], and the [[plea of pardon]].
		a nolo plea generally has the same effect as a [[plea]] or [[verdict]] of guilty for purposes of senten...
	www.wordiq.com /search/alford+plea.html (687 words)

	Peremptory plea (Site not responding. Last check: 2007-10-08)
		In the common law legal system the peremptory pleas (pleas in bar) are pleas which set out special reasons for a trial cannot go ahead.
		They are the of autrefois convict the plea of autrefois acquit and the plea of pardon.
		In this typically witty and delightful essay, Lear opens his mind to ironies of the psychoanalytic process, and in doing so finds reason to be suspicious of postmodern narratives of "intersubjectivity." This is a sort of return to Freud, or to m...
	www.freeglossary.com /Peremptory_pleas (394 words)

	Encyclopedia: List of basic criminal justice topics
		Pardon -- Penal law -- Peremptory pleas -- Perjury -- Plea bargain -- Precedent -- Predator -- Preliminary hearing -- Prescription -- Probable cause -- Probation -- Procedural defense -- Prosecutorial misconduct -- Prostitution -- Provocation -- Public order A pardon is the forgiveness of a crime and the penalty associated with it.
		In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs.
		A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant.
	www.nationmaster.com /encyclopedia/List-of-basic-criminal-justice-topics (3175 words)

	Arraignment (Site not responding. Last check: 2007-10-08)
		In response toarraignment, the accused is expected to enter a plea.
		Acceptable pleas vary fromjurisdiction to jurisdiction, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar), which set out reasons why a trial cannot proceed.
		In the past, a defendant who refused to plea (or, "stood mute") would be subjectedto peine forte et dure.
	www.therfcc.org /arraignment-39906.html (240 words)

	[No title]
		When a peremptory challenge is objected to on Batson grounds, a three step process ensues: First, the defendant must make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race.
		Rebert was faced with a choice between exercising a peremptory challenge and letting a fl person be seated as a juror, he once again exercised a peremptory challenge.
		In this context, the prosecutor who has just made the peremptory challenge is present and his or her "articulation" of an explanation is, of course, competent evidence of the reason or reasons for the challenge.
	vls.law.vill.edu /locator/3d/Nov1994/94a0894p.txt (4659 words)

	Legal Definition of 'Duplicity'
		The rule forbidding double pleading extends to pleas perpetual or peremptory, and not to pleas dilatory; for in their time and place a man may use divers of them.
		Each plea must still be single, as by the rules of the common law.
		This extends only to pleas to the declaration, and does not embrace replications, rejoinders, nor any of the subsequent pleadings.
	www.lectlaw.com /def/d206.htm (267 words)

	Marla N. Greenstein, Judicial Disqualification in Alaska Courts, 17 Alaska L. Rev. 53 (2000) (Site not responding. Last check: 2007-10-08)
		Peremptory disqualification has evolved to address those situations where a party believes, but cannot prove, that a judge is biased.
		The court distinguished "guilty" pleas from "not guilty" pleas, recognizing that acceptance of a guilty plea involves little, if any, discretion and there is "no possibility of bias that would interfere with the subsequent ability of a defendant to receive a fair disposition of his case."
		Citing the court of appeals holding that a second peremptory challenge is not allowed in a proceeding that is ancillary to or a continuation of the underlying matter, the Alaska Supreme Court held that a refiled suit is a new action that, in turn, creates a new right to a peremptory challenge.
	www.law.duke.edu /journals/alr/articles/alr17p53.htm (7240 words)

	U.S. v. Ruiz
		Contrary to his pleas, he was convicted of separate specifications of adultery and fraternization, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934.
		But the peremptory challenge was introduced to the military justice system much later, at a time when Congress wanted to bring the rights afforded a military accused in line as much as possible with those in the civilian community.
		This pattern of using peremptory challenges to prevent minorities from sitting on juries, which is the basis for a prima facie case under Batson, could not exist in the military because each side is limited to a single peremptory challenge.
	www.armfor.uscourts.gov /opinions/1997Term/97-0528.htm (6719 words)

	Stark County Government - Court of Common Pleas - Local Rules
		Rules determining procedure for exercising peremptory challenges shall be in accordance with the Ohio Civil and Criminal Rules adopted by the Supreme Court of Ohio and applicable statutory authority.
		RULE 6.03 - At the time of initial filing of a civil case, the Clerk shall cause the case to be docketed and shall record on the file the name of the Judge to whom the case is assigned.
		GEN R 20.02 - In cases transferred to the Common Pleas Court in which the demand of the counterclaim exceeds the monetary jurisdiction of the Municipal Court the counter claimant shall post security for costs in a sum equal to the amount required if the case was originally filed in this Court.
	www.co.stark.oh.us /internet/COCP.localrules (12976 words)

	Matia Practices
		A sheet of paper is exchanged by counsel on which they alternately write in the names and juror numbers of those they are challenging.
		After the peremptory challenges are completed, the names of the members of the jury are read and the jury is sworn.
		All peremptory challenges are exercised at one time.
	www.ohnd.uscourts.gov /Judges/Senior/Matia__Paul_R_/Matia_Practices/matia_practices.html (962 words)

	NE Law Express (Site not responding. Last check: 2007-10-08)
		The State, in accordance with the plea negotiations, recommended a "sentence of a flat ten years, with the understanding that that recommendation [did] not bind the court." Armendariz acknowledged his understanding that the court was not bound by the recommendation.
		He further alleged that at the time the plea was entered, the court had indicated that probation was possible, and that at sentencing, the court had indicated that he was entitled to good time on the sentence.
		Armendariz alleged that his trial counsel had been ineffective in advising him of the potential consequences of his no contest plea because counsel's advice concerning good time was erroneous and that his plea was not knowingly entered because it was entered with a misconception concerning the potential sentence.
	www.nebar.com /resources/nelawexpress/coajournals/2002coa/coaapr2.htm (9862 words)

	No. 99-0812
		Williams negotiated a plea agreement with the State which called for him to plead other than not guilty to the three offenses in return for the State's sentencing recommendation of not more than two years of imprisonment.
		Nonetheless, we conclude that a defendant's opportunity to obtain the benefit of a plea bargain can be adequately protected by requiring a defendant who believes his tendered plea has been improperly rejected to seek leave for an interlocutory appeal.
		An Alford plea is a plea in which the defendant pleads either guilty or no contest, while either maintaining his innocence or not admitting having committed the crime.
	www.wisbar.org /res/capp/z1999/99-0812.htm (4000 words)

	Plea
		A plea in bar is, therefore, distinguished from all pleas of the
		Pleas to the jurisdiction of the court; as, that the cause of
		the former, and a plea of son assault demesne, an instance of the latter.
	dictionary-x.com /Plea.html (2344 words)

	ANDREWINA SUSAN BAIRD BOYLE or RIDDELL v. ALAN RIDDELL, 23 December 2004, Sheriff Principal I.D. Macphail, Q.C.
		It had been incumbent on him to appear or be represented at the procedural hearing on that date irrespective of whether the peremptory diet had been intimated to him.
		Having received intimation of the peremptory diet fixed for 30 August, however, he had nevertheless gone back to these same solicitors and asked them to represent him on that date.
		Before that date he had had a meeting with their complaints partner, the purpose of which had been to investigate whether or not he had a justified complaint against the partner who had been dealing with his case.
	www.scotcourts.gov.uk /opinions/F84.html (2055 words)

	[No title]
		While Boykin itself involved review on direct appeal, in a collateral attack on a guilty plea, the requirements of the Constitution may be satisfied, and a plea held to be valid, based on the record established on post-conviction review.
		The issue to be determined is "whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant." Id. at 31.
		The record shows that the government used two of its six peremptory strikes to remove fl persons from the venire; it also shows that two fl persons were not removed by the government.
	www.usdoj.gov /osg/briefs/1989/sg890183.txt (2214 words)

	Not Guilty Pleas
		NOT GUILTY PLEAS.- When not guilty pleas are entered by the court or accused, the trial proceeds to the presentation of evidence-first by the prosecutor and then by the defense.
		GUILTY PLEAS.- Where guilty pleas are entered or the accused pleads guilty to a lesser included offense, the judge determines that such pleas are made knowingly and voluntarily and that the accused understands the meaning and effect of such pleas.
		The main purpose of such a conditional plea is to preserve for appellate review certain adverse determinations that the military judge may make against the accused regarding pretrial motions.
	www.tpub.com /legalman/93.htm (983 words)

	Juror's Handbook - Northampton County Court
		Common pleas judges are responsible under law for making certain that the selection of jurors is performed in an impartial manner.
		In any trial in which a jury is required, the Jury Clerk notifies a specific number of panelists, usually between 35 and 50, to appear in the courtroom for the trial.
		This is called peremptory challenge and is made on the basis of an attorney's choice.
	www.nccpa.org /juror/handbook.html (1038 words)

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