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The use of "pleaded" versus "pled" as the past tense version of "pleading" has been a subject of controversy among many of those that practice law. [14] "Pled" is almost never used in Australian publications, while being somewhat common in American, British, and Canadian publications. [15] In a 2010 search of the Westlaw legal database, "pled ...
In law, a plea is a defendant's response to a criminal charge. [1] A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).
The FRCP does not entirely eliminate code pleading. The FRCP still requires that certain pleadings state facts with particularity. An example is Federal Rule 9(b) which states that "in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake". [3] This is considered a special pleading rule.
In the first context you mention, as in "he pleaded/pled guilty" I think a journalist or the general public would be more likely to use pled than a lawyer would, particularly in writing. But I think both forms are possible in both contexts. For example, the MWDEU gives these examples: Both pled not guilty....a scene, for whose life I pled, vainly.
Plea bargaining is extremely difficult in jurisdictions based on the civil law. This is because, unlike common law systems, civil law systems have no concept of plea: if the defendant confesses, a confession is entered into evidence, but the prosecution is not absolved of the duty to present a full case. A court may decide that a defendant is ...
Alternative pleading (or pleading in the alternative) is the legal term [1] [2] in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction.
In United States law, an Alford plea, also called a Kennedy plea in West Virginia, [1] an Alford guilty plea, [2] [3] [4] and the Alford doctrine, [5] [6] [7] is a guilty plea in criminal court, [8] [9] [10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.
North Carolina v. Alford, 400 U.S. 25 (1970), [1] was a case in which the Supreme Court of the United States affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty, while still protesting his innocence, under duress, as a detainee status.