PLEA (OF. plait, plaid. play. Fr. plaid, from Lat. placitum, decree, suit, plea, opinion, from placere, to please). 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 al leged in the declaration, but denies their suffi ciency 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.
Pleas are usually classed as 'peremptory' and `dilatory,' according to their purposes and nature. A peremptory plea is one which brings in issue the merits of the controversy, either by denying absolutely the facts alleged in the declaration, when it is known as a 'plea in bar,' or by confess ing that the facts alleged by the plaintiff are true. and setting forth new facts, which. if true, will defeat the alleged cause of action. The latter is known as a plea in confession and avoidance. A dilatory plea is one which attacks the action it self because of sonic defect in pleading or prac tice, and therefore does not involve the merits.
See NONSUIT.
In criminal cases only pleas of 'guilty' or 'not guilty' are allowed. In equity pleading a special answer of the defendant attacking the particu lar action is also called a plea. It differs from a demurrer in equity in that it attacks something not apparent on the face of the bill, and it does not put in issue the merits of the action.
In England, where common-law pleading has been abolished, the Judicature Acts (q.v.) pro vide that the defendant's answer shall be known as the 'statement of defense,' and this is analo gous to a plea. The term 'Pleas of the Crown' was formerly used to designate criminal prosecu tions in the name of the sovereign. In the United States wherever code pleading prevails the term plea is no longer employed, a defense of fact being presented by an answer. However, the divisions of pleas are often referred to by courts and attor neys as descriptive of the nature of a defense set forth by an answer. See PLEADING.