affirmative plea

In equity: a plea which alleges new matter of defense, proceeding on the theory that, admitting the case stated in the bill to be true, the matter pleaded by the plea affords a sufficient reason why the plaintiff should be denied relief. 27 Am J2d Eq § 204. At Law: a special plea of matters not provable under the general issue. 41 Am J1st Pl § 144.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • plea — / plē/ n [Anglo French plei plai legal action, trial, from Old French plait plaid, from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided] 1 a: an allegation of fact… …   Law dictionary

  • affirmative — af·fir·ma·tive /ə fər mə tiv/ adj 1: asserting the existence of certain facts esp. in support of a cause of action affirmative proof 2: resulting from an intentional act affirmative concealment 3: involving or requiring application of effort …   Law dictionary

  • 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

  • affirmative — That which declares positively; that which avers a fact to be true; that which establishes; the opposite of negative. As to affirmative plea affirmative proof affirmative warranty, see those titles …   Black's law dictionary

  • Plea colloquy — A plea colloquy, in United States criminal procedure, is a conversation between a judge and a criminal defendant who has been sworn under oath, which must occur when the defendant enters a guilty plea in court in order for the plea to be valid.… …   Wikipedia

  • pure plea — An affirmative plea in equity, consisting entirely of new matter in defense. 27 Am J2d Eq § 204 …   Ballentine's law dictionary

  • 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

  • anomalous plea — Equity terminology for a plea which combines affirmative and negative elements. 27 Am J2d Eq § 204 …   Ballentine's law dictionary

  • anomalous plea — noun law : a plea partly affirmative and partly negative, the one part being used to show that the other does not defeat the rights of the pleader …   Useful english dictionary

  • United States — a republic in the N Western Hemisphere comprising 48 conterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific. 267,954,767; conterminous United States, 3,022,387 sq. mi. (7,827,982 sq. km); with… …   Universalium

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