Law Dictionary

The terms “plant” and “plants” mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted for

“plantship” means an ocean thermal energy conversion plantship;

In this subchapter, the terms “challenge inspection”, “plant site”, “plant”, “facility agreement”, “inspection team”, and “requesting state party” have the meanings given those ter

The terms “plan year” and “fiscal year of the plan” mean, with respect to a plan, the calendar, policy, or fiscal year on which the records of the plan are kept. / “plan year” mean

Plastering a building includes lathing. Higgins v. 1/ee, 16 111. 502; Walls v. Bailey, 4b N. Y. 464, 10 Am. Rep. 407.

“Plastic explosive” means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less tha

A map of a piece of land, on which are marked the courses and distances of the different lines, and the quantity of land it contains. Such a plat may be given in evidence in ascert

or PLOT. A subdivision of lands into lots, streets and alleys, marked upon the earth and represented upon paper.' See Dedication, 1; Map.

(Latin.) A wide place; a court yard; a barn-yard. In old English law. A clear or open space of ground; a plat or plot of ground.

Insurance against loss from the accidental breaking of plate-glass in windows, doors, show-cases, etc.

Platform jacket.—The term “platform jacket” refers to a single physical component and includes any type of offshore exploration, development, or production structure or component t

The term "platform technology" means a well-understood and reproducible technology, which may include a nucleic acid sequence, molecular structure, mechanism of action, d

A map or representation on paper, of a piece of land subdivided into lots, with streeis, alleys, etc., usually drawn to a scale. McDaniel v. Mace, 47 Iowa, 510; Burke v. MCCowen, 1

Debt contracted by gaming.

A form of lottery. See 45 Kan. 351, 23 Am. St. Rep. 727, 11 L. R. A. 430, 25 Pac. 984. See, also, Lottery.

that courts need not, and should not, answer with "must" these questions that can more appropriately be answered with "may." The majority also asserts that "[t]he 'unremarkable' pr

The term “Plaza” means improvements to the area surrounding the John F. Kennedy Center building carried out under the Project and comprised of transportation elements (including ro

I. fr. In old English law. Suretyship.

I fr. In old English law. Security by pledge; the engagement of a pledge.

A defense of matters of fact. See 6 Ind. App. 323, 33 N. E. 672.

(SHAM.) A sham plea is one which is known to the pleader to be false, and is entered for the purpose of delay. There are certain pleas of this kind, which in conseuence of their ha

The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called 'plea bargaining,' is an essential component of the administration

TO. To answer the indictment or, in a civil action, the declaration of the plaintiff, in a formal manner. To enter the defendant’s defence upon record. In a popular use, to make a

Pleading a statute is stating the facts which bring the case within it; and "counting" on it, in the strict language of pleading, is making express reference to it by apt terms to

Alleged or averred, inform, in a judicial proceeding. It more often refers to matter of defense, bnt not invariably. To say that matter in a declaration or replication is not well

One who prepares a pleading or pleadings.

Where any fact is necessary to be proved in order to sustain the plaintiff's right of recovery, the declaration must contain an averment substantially of such fact in order to let

SPECIAL. By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side. Gould, PI. c

Where, therefore, an action is upon a contract subject to a condition precedent, the performance of that condition must be averred and proved; but if the contract sued upon is subj

in order to found a cause of action on the alleged shortcomings of another, they must at least be so far plainly set up as to show actual damage and the wrongful act of the other p

However desirable it may be to admit in evidence, on the general issue in an action of covenant on a policy of insurance, every thing which may avoid the contract, or lessen the da

the rule is a reasonable and just one that the complainant in the first instance shall be confined to a statement of his cause of action, leaving to the defendant to set up in his

In Chancery Practice. The written allegations of the respective parties in the suit. The pleadings in equity are less formal than those at common law. The parts of the. pleadings a

no admissions in an answer, can, under any circumstances, lay the foundation for relief, under any specific head of equity, unless it be substantially set forth in the bill.

The court is not of opinion that all those technical niceties which the astuteness of ancient judges and lawyers has introduced into criminal proceedings at common law, and which t

The party who makes such appeal should set forth in his bill specifically what were the impediments to an earlier prosecution of his claim; how he came to be so long ignorant of hi

This means to interpose such a plea as is calculated to raise a material issue, either of law or of fact.

To interpose a general plea after a special plea or demurrer has been disposed of. PLEADER (Law Fr. pleador, pledor; old Fr. pleideoir; Law Lat. placitans advocatus). A person prof

This is a phrase of long standing and accepted usage in the law, and distinguishes those pleas which answer the cause of action and on which a trial may be had from nil pleas of a

The objection to jurisdiction upon the ground of citizenship, in actions at law, can only be made by a plea in abatement. After the general issue, it is too late. It cannot be rais

To have constituted it a plea in bar of the action the amount beyond the sum lost should have been tendered and brought into court, setting up the theft as to the balance.

A plea admitting the facts alleged but setting up new matter by way of excuse or justification.

One which admits that the plaintiff had a cause of action, but shows that it was discharged by some subsequent or collateral matter, as, payment or accord and satisfaction. Nichols

is one which admits the demand or complaint stated in the declaration, but excuses the non-compliance of the laintiff’s claim, or the commission of the act of which he complains, o

In the civil law. A plea which sets up new matter, not in defense to the action, but by way of cross-complaint, set-off, or counterclaim.

if an administrator fails to sustain his plea of fully administered, he is not, on that account, liable to a judgment beyond the assets to be administered. The plea is not necessar

A plea of guilty differs in purpose and effect from a mere admission or an extrajudicial confession; it is itself a conviction. Like a verdict of a jury it is conclusive. More is n

is one in which the defendant professes purposely to have done the acts which are the subject of the plaintiff’s suit, in order to exercise that right which he considers he ceives

A species of traverse which occurs in actions of debt on simple contract, and is resorted to when the defendant means to deny in point of fact the existence of any express contract

A plea of nul tiel record to a supposed record of the court in which the plea is made is tried by the court, because it is an issue to be determined by the inspection of its own re

A plea whereby the execution of a pregnant woman was sought to be stayed.

The form is to plead property in the defendant, or in a stranger, traversing property in the plaintiff, which traverse raises the material issue to be tried—the averment of propert

One which admits the cause of action, but seta forth a release subsequently executed by the party authorized to release the claim. Landis v. Morrissey, 69 Cal. 83, 10 Pac. 258.

A plea of set-off is in the nature of a cross-action, and the same principles apply as in the case of an original suit on the claim pleaded as a setoff. 88 111. App. 30. See Set-of

A plea of the statute of limitations is a plea to the merits, and however the issue was raised in the former case, after judgment upon it, it could not be reopened in a later prose

it is perfectly established, that the plea of usury, at least as far as to landed security, is personal and peculiar; and however a third person, having an interest in the land, ma

if after a plea in bar, the defendant pleads a plea puis darien continuance, this is a waiver of his bar; and no advantage shall be taken of any thing in the bar. And it is added,

If the rule of Courts of equity in England is to be applied, there can be no doubt. If a plea, in the apprehension of the complainant, be good in matter, but not true in fact, he m

The plea side of a court is that branch or department of the court which entertains or takes cognizance of civil actions and suits, as distinguished from its criminal or crown depa

Thus it has ever been received as a cannon of pleading, that matters which appertain solely to the jurisdiction of a court, or to the disabilities of the suitor, should never be bl

those which showed some matter of temporary incapacity to proceed with the action or suit. Stephi PL 45.--Suspension of arms. An agreement between belligerents, made for a short ti

In English law. A phrase now employed to signify criminal causes in which the king is a party. Formerly it signified royal causes for offenses of a greater magnitude than mere misd

In English practice. A record which contains the declaration, plea, replication, rejoinder, and other pleadings, and the issue. Eunom. Dial. 2, § 29, p. 111.

A plea grounded upon some fact or facts which have arisen since the commencement of the suit, and which the defendant puts forward for the purpose of showing that the plaintiff sho

A defendant has no right to anticipate or undertake to control by his pleadings the nature or character of the proof upon which his adversary may think proper to rely in support of

Any pleading setting up absence of jurisdiction of the court. See 1 Call (Va.), 382, 1 Am. Dec. 533.

In old English ecolesiastical law. A rural dean. Cowell.

One who is classed among the common people, as distinguished from the nobles.

The common or meaner sort of people; the plebeians.

In Spanish law. Commons; those who exercise any trade, or who cultivate the soil. White, New Recop. bk. 1, tit. 5, c. 3, § 6, and note.

In old records. A mother church.

A submission to the popular vote of a law or governmental policy. PLEBISCITUM (Lat.) In Roman law. A law established by the people (plebs), on the proposal of a popular magistrate,

I. In the Roman law. A law enacted by the plebs or commonalty at the request, or on the proposition, of a plebeian magistrate.

(Roman Law) A law established by popular vote.

The plebeians. PLEBS (Lat.) In the Roman law. The commonalty, or citizens, exclusive of the patricians and senators. Plebis appellatione, sine patriciis et senatoribus, caeteri Mve

A plebeian.

L. Fr. That may be brought or conducted; as an action or "plea," as it was formerly called. Britt c. 32.

I. fr. In old English law. To plead; to put in a plea; to conduct an action.

The general law of pledge requires possession, and it cannot exist without it.

One to whom a thing is pledged.

In the absence of fraud, the pledgee may buy at his own sale held without notice or demand or advertisement, when power so to do is expressly granted by the pledgeor.

A third party to whom pledged goods are entrusted instead of to the pledgee.

Suretyship.

In pleading. Those persons who became sureties for the plaintiff's prosecution of the suit. Their names were anciently appended at the foot of the declaration. In time it became pu

In old English law. No person could prosecute a civil action without having in the first stage of it two pr more persons as pledges of prosecution ; and; If judgment was given agai

In England, before the plaintiff in foreign attachment can issue execution against the property in the hands of the garnishee, he must find "pledges to restore," consisting of two

The party who makes a pledge. PLEE (Law Fr.) In old English law. An action or suit; a "plea" in the ancient sense of the word. Parsonels plees pledables par attachments, personal a

A plea; an action.

1. fr. In old English law. A pledge. Plegges de sner: pledges to prosecuta ^

Pledges to prosecute with effect an action of replevin.

Property which may be pledged.

/. I. In old English law. Suretyship.

I. I. In old English law. To pledge; to undertake; to become responsible for.

Same as Plegii de prosequendo.

Pledges to prosecute with effect an action of replevin.

Pledges to restore, which see.

Pledges to return the subject of distress, party bringing the action of replevin. 3 should the right be determined against the Steph. Comm. (7th Ed.) 422, note.

pleggius, l. Lat. In old English law. A pledge. Plegii ad prosequendum, or de prosequendo: pledges to prosecute. Plegii de retorno habendo: sureties for a return in replevin. Plegi

WRIT DE. The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day. After the day,

plegios ad standnm recto, or plegios de stando ad rectum, I. Security to appear and answer to an accusation.