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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 Twombly court criticized the modern notice pleading standard derived from the landmark 1957 Conley v. Gibson decision, which had ruled that a complaint should not be dismissed at the pleading stage, "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief". [8]
Not referring to law but journalism but I notice that NPR says pleaded (and I notice because I'd say pled). And my copy of the UPI stylebook (third edition, copyright 1992, 1986, 1977) has the entry "plead The past tense is pleaded, not pled". (Interesting, the firefox spelling checker is objecting to pled.)
A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions.
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 ...
Criminal law [ edit ] Because pleading in the alternative is generally permitted in criminal cases, a defendant may claim to have not committed the crime itself, but at the same time may claim that if the defendant had committed the crime, the act was excused for a reason such as insanity or intoxication, or was justified due to provocation or ...
In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant.