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| | Supreme Law Library : References : Bouvier's Law Dictionary : bldp2 |
 | | The plea, which is either to the jurisdiction of the court, or suspending the action, a's in the case of a parol demurrer, or in abatement, or in bar of the action, or in replevin, an avowry or cognizance. | | | Pleas to the jurisdiction of the court; as, that the cause of action arose out of the limits of the jurisdiction of the court, when the action is local. | | | The rule is different with regard to the plea of jurisdiction in the courts of the United States and those of Pennsylvania. |
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http://www.supremelaw.org/ref/dict/bldp2.htm
(15587 words)
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| | Supreme Law Library : Authors : Halsey H. Moses : mand1 |
| | But where, by statutory provision, or the practice of courts, bills of exceptions are required to be tendered at the trial, or at least during the continuance of the term, the court cannot be compelled to sign and seal it at a subsequent term. | | | A different rule was there refused to compel a court of Common Pleas to proceed to examine a person applying to be admitted as an attorney, notwithstanding the Supreme court was satisfied that he came within the rule of the Common Pleas. | | | The Supreme court, on application of the plaintiff, awarded a peremptory writ of mandamus, to compel the circuit judge to grant the plaintiff's cross motion. |
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http://www.supremelaw.org/authors/moses/mand1.htm
(9622 words)
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| | Arraignment - Wikipedia, the free encyclopedia |
| | Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar), which set out reasons why a trial cannot proceed. | | | The court is not required to accept a guilty plea. | | | In the UK arraignment is the first of eleven stages in a criminal trial, and involves the clerk of the court reading out the indictment. |
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http://www.wikipedia.org/wiki/Arraignment
(297 words)
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| | Definition of alford plea |
| | Plea bargains are subject to the approval of the court... | | | 1: A '''plea bargain''' is an agreement in a criminal case in... | | | Generally, a plea bargain alows the parties to agree on the outcome... |
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http://www.wordiq.com/search/alford+plea.html
(687 words)
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| | [No title] |
| | In cases in which the defendant is charged with a crime punishable by imprisonment in the penitentiary, the proceedings required by this rule to be in open court shall be taken verbatim, and upon order of the trial court transcribed, filed, and made a part of the common law record. | | | House Bill 324 would require prosecutors to state their reasons for using peremptory challenges when the defendant requests an explanation or on the court's own motion in cases where the defendant or the court believes that peremptory challenges are being used to exclude persons on the sole basis of race. | | | If the tendered plea is the result of a plea agreement, the agreement shall be stated in open court. |
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http://www.state.il.us/court/SupremeCourt/Rules/Art_IV/ArtIV.htm
(14870 words)
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| | Encyclopedia: List of basic criminal justice topics |
| | A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. | | | In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs. | | | Pardon -- Penal law -- Peremptory pleas -- Perjury -- Plea bargain -- Precedent -- Predator -- Preliminary hearing -- Prescription -- Probable cause -- Probation -- Procedural defense -- Prosecutorial misconduct -- Prostitution -- Provocation -- Public order A pardon is the forgiveness of a crime and the penalty associated with it. |
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http://www.nationmaster.com/encyclopedia/List-of-basic-criminal-justice-topics
(3175 words)
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| | Allegheny County Attorney Pittsburgh PA Criminal Lawyer - Guide to Criminal Justice System in Pennsylvania |
| | This action commences in the court of common pleas and review can thereafter be sought in the state appellate courts. | | | The district attorney is the chief law enforcement officer for the county; while, jurisdiction over crimes committed in a county falls to the court of common pleas. | | | Defendants may also seek federal review of their state convictions by filing a writ of habeas corpus in the appropriate federal district court. |
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http://www.alleghenyattorneys.com/criminal.asp
(2235 words)
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| | United States District Court-Eastern District of Michigan |
| | Plea Cutoff: The Court does not have a plea cutoff date. | | | Rule 11 Plea Agreement: If the Court decides to reject a Rule 11 Plea Agreement, it will so inform the parties in open Court prior to the sentence date. | | | Trial Briefs: Trial briefs are required to be submitted in criminal cases before the commencement of trial. |
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http://www.mied.uscourts.gov/_practices/omeara/special.htm
(637 words)
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| | Marla N. Greenstein, Judicial Disqualification in Alaska Courts, 17 Alaska L. Rev. 53 (2000) |
| | Citing the court of appeals holding that a second peremptory challenge is not allowed in a proceeding that is ancillary to or a continuation of the underlying matter, the Alaska Supreme Court held that a refiled suit is a new action that, in turn, creates a new right to a peremptory challenge. | | | Once again, the court reaffirmed that the underlying purpose of peremptory challenges is to protect parties from anticipated judicial bias. | | | As with guilty pleas, the defendant should be advised of the right to have bail heard by another judge. |
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http://www.law.duke.edu/journals/alr/articles/alr17p53.htm
(7240 words)
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| | United States, Appellee |
| | Contrary to his pleas, he was found guilty of making a false official statement and filing a false travel claim, in violation of Articles 107 and 132, Uniform Code of Military Justice, 10 USC §§ 907 and 932, respectively. | | | We turn first to appellant’s argument that the Supreme Court decisions on peremptory challenges should not be applied to an accused in a court-martial case. | | | In this light, we conclude that a military accused’s peremptory challenge is state action and is restricted by the Due Process Clause of the Fifth Amendment to the same extent as is the Government’s. |
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http://www.armfor.uscourts.gov/opinions/1996Term/96-1179.htm
(3473 words)
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| | U.S. v. Ruiz |
| | Contrary to his pleas, he was convicted of separate specifications of adultery and fraternization, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. | | | This pattern of using peremptory challenges to prevent minorities from sitting on juries, which is the basis for a prima facie case under Batson, could not exist in the military because each side is limited to a single peremptory challenge. | | | At the time the Court of Criminal Appeals adjudicated this case, we had not addressed the issue of gender-based peremptory challenges in courts-marital. |
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http://www.armfor.uscourts.gov/opinions/1997Term/97-0528.htm
(6719 words)
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| | [No title] |
| | Term of court; power of court unaffected by expiration - Rule. | | | Pleas - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Plea of guilty, not guilty, or nolo contendere; acceptance by court; refusal to plead; corporation failing to appear, Rule 11. | | | Demurrers and special pleas in bar or abatement abolished; relief on motion - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Motion to dismiss or for appropriate relief substituted for demurrer or dilatory plea or motion to quash, Rule 12. |
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http://uscode.house.gov/download/pls/18C221.txt
(1157 words)
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| | No. 99-0812 |
| | Our supreme court has recognized that an Alford plea is a legally permitted form of a plea, which a court may in its discretion accept when the court determines there is strong evidence of actual guilt and the plea is knowing, voluntary and intelligent. | | | The court denied his motions for relief, however, that were grounded on his counsel's alleged ineffectiveness in failing to strike the juror, the court's refusal to accept his Alford plea, and the court's failure to grant his request for a continuance in order to obtain Shea as a witness. | | | Counsel then informed the court there was therefore no plea agreement, and the case proceeded to a jury trial. |
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http://www.wisbar.org/res/capp/z1999/99-0812.htm
(4000 words)
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| | 972419, State ex rel. Ohio Academy of Trial Lawyers v. Sheward |
| | Rather, the jurisdiction of the common pleas courts is limited to whatever the legislature may choose to bestow. | | | "(8) The courts of common pleas were established by the Ohio Constitution as courts of general jurisdiction in Ohio, but the Constitution itself limits their jurisdiction to that which is expressly conferred by the General Assembly, including jurisdiction to limit consideration of noneconomic damages. | | | " ‘The extraordinary remedy of mandatory injunction in the court of common pleas is not a plain and adequate remedy in the ordinary course of law precluding exercise of the original jurisdiction in mandamus conferred upon a court of appeals by Section 3, Article IV of the Ohio Constitution. |
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http://personal.ashland.edu/~eakers/oatl.html
(14569 words)
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| | Blank page |
| | Based on the foregoing, Kim is entitled to a peremptory writ of mandamus to compel Wachenschwanz to provide her with access to all of the requested records. | | | Accordingly, we grant the peremptory writ of mandamus and award attorney fees. | | | This cause is now before the court for its determination under S.Ct.Prac.R. We must now determine whether dismissal, an alternative writ, or a peremptory writ is appropriate. |
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http://home1.gte.net/resoexo2/id13.html
(1204 words)
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| | [No title] |
| | List of jurors for court of common pleas for judicial district of Waterbury. | | | (c), reflecting transfer of common pleas court functions to superior court enacted by P.A. 76-436, effective July 1, 1978; P.A. 79-242 required notification of "chief" clerks of superior court of estimated numbers of jurors and towns from which jurors are to be drawn during October rather than during November in Subsec. |
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http://www.cga.ct.gov/2001/pub/Chap884.htm
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| | United States District Court-Eastern District of Michigan |
| | The Court does not require the submission of briefs in criminal trials, but they are helpful and the Court will accept them. | | | The Court does not currently have a general procedure for handling multi-defendant criminal "mega trials" or allocating peremptory challenges in multi-defendant criminal trials. | | | The Court generally urges the Government to disclose Jencks materials in advance of trial. |
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http://www.mied.uscourts.gov/_practices/edmunds/criminal.htm
(316 words)
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| | FLORIDA RULES OF TRAFFIC COURT |
| | (b) Subject to the approval of the court, written pleas of guilty or nolo contendere may be entered in criminal traffic offenses not designated felonies under the laws of the state and sentence imposed thereon. | | | The warrant shall be directed to all law enforcement officers, state, county and municipal, in the state and may be executed in any county in this state. | | | (a) All pleas entered in open court shall be recorded by an official court reporter or electronic means, unless the defendant signs a written waiver of this right. |
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http://www.florida-justice.com/Fla.R.Traf.Ct.htm
(2730 words)
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| | [No title] |
| | The district court further concluded that, in light of the fact that the first five jurors seated, as well as one alternate, were women, this "proffered reason miserably fails to square with the actual events that transpired during voir dire." App. | | | Both of these descriptions came in the context of instructions on the state's burden at trial when a Batson objection is made and supported by a prima facie case. | | | OPINION OF THE COURT STAPLETON, Circuit Judge: This habeas corpus case comes to us for the second time after having been remanded to the district court to allow the state prosecutor to explain his peremptory challenge of a black venirewoman in the petitioner's murder trial. |
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http://vls.law.vill.edu/locator/3d/Nov1994/94a0894p.txt
(4659 words)
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| | NE Law Express |
| | Finally, Leggins claimed that the court erred in determining that the State's peremptory strike of a potential juror was reasonable and nondiscriminatory. | | | On the question of whether Armendariz' trial counsel was deficient in advising Armendariz about his eligibility for good time, the Court found case is comparable to the case of Hill v. |
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http://www.nebar.com/resources/nelawexpress/coajournals/2002coa/coaapr2.htm
(9862 words)
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| | Matia Practices |
| | Motions must be specific and sufficiently detailed to permit the court to determine whether a hearing is necessary. | | | Sentencing recommendations of the probation officer are not divulged. | | | Counsel may submit proposed voir dire questions to the court at least five days before the trial date. |
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http://www.ohnd.uscourts.gov/Judges/Senior/Matia__Paul_R_/Matia_Practices/matia_practices.html
(962 words)
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| | 210 Pa. Code Rule 311. Interlocutory Appeals as of Right. |
| | Paragraph (a)(5) (Peremptory judgment in mandamus)—Paragraph (a)(5), added in 1996, authorizes an interlocutory appeal as of right from an order granting a motion for peremptory judgment in mandamus without the condition precedent of a motion to open the peremptory judgment in mandamus. | | | Subdivision (f) further permits immediate appeal from an order of a common pleas court or government unit remanding a matter to an administrative agency or hearing officer that decides an issue that would ultimately evade appellate review if an immediate appeal is not allowed. | | | Examples of such orders include: (1) a remand by a court of common pleas to the Department of Transportation for removal of points from a drivers license; and (2) an order of the Workmen’s Compensation Appeal Board reinstating compensation benefits and remanding to a referee for computation of benefits. |
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http://www.pacode.com/secure/data/210/chapter3/s311.html
(2424 words)
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| | Not Guilty Pleas |
| | NOT GUILTY PLEAS.- When not guilty pleas are entered by the court or accused, the trial proceeds to the presentation of evidence-first by the prosecutor and then by the defense. | | | The TC and DC may make one opening statement to the court before the presentation of evidence begins. | | | The law places no limit on the number of challenges for cause that can be made at a trial. |
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http://www.tpub.com/legalman/93.htm
(983 words)
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| | [No title] |
| | Motion for further bill of particulars after plea of not guilty denied as untimely; preliminary motions in criminal case should be filed prior to plea unless grounds are not then known. | | | Testimony of crime victim or representative of deceased crime victim prior to acceptance of plea agreement and at sentencing hearing. | | | The state, on the trial of any criminal prosecution, may challenge peremptorily the same number of jurors as the accused. |
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http://www.cga.ct.gov/2001/pub/Chap961.htm
(7921 words)
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| | ACTION IN MANDAMUS |
| | (c) An action brought in a court of common pleas in the name of a party to enforce a right or to compel performance of a public act or duty in which the party has a beneficial interest distinct from that of the general public may be brought only in | | | (b) An action brought in a court of common pleas in the name of the Commonwealth on the relation of the District Attorney may be brought against a political subdivision or an officer thereof only in the county where the political subdivision is located. | | | Except as otherwise provided in this chapter, the procedure in the action of mandamus shall be in accordance with the rules relating to a civil action. |
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http://members.aol.com/RulesPA/C.1091.html
(733 words)
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| |
| | [No title] |
| | In Pennsylvania Common Pleas Courts also hear appeals from certain state and most local government agencies and from the minor courts. | | | May also be referred to as trial courts or county courts. | | | Intermediate original court in some states, including Pennsylvania, that usually has civil and criminal jurisdiction. |
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http://www.courts.state.pa.us/Index/Aopc/Glossary/c.htm
(1301 words)
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| | PA Bulletin, Doc. No. 00-469b |
| | (B) of this rule sets forth the number of peremptory challenges for the selection of alternate trial jurors and is intended to replace the Act of May 1, 1935, P. 127, No. 50, 51, insofar as it applied to criminal trials. | | | (c) In a summary case appealed for a trial de novo, if the defendant fails to appear as required by Rule 86, the trial judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority. | | | PART F. Procedures in Summary Cases for Appealing to Court of Common Pleas for a Trial De Novo |
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http://www.pabulletin.com/secure/data/vol30/30-12/469b.html
(1844 words)
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| | Autrefois acquit - Wikipedia, the free encyclopedia |
| | In the common law legal system, a plea of autrefois acquit (French for 'previously acquitted') means the defendant claims to have been previously acquitted of the same offence, on substantially the same evidence, and that hence he or she cannot be tried again. | | | Related doctines include res judicata and, in the criminal context, a plea in bar of double jeopardy. | | | This page was last modified 04:53, 15 August 2005. |
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http://www.wikipedia.org/wiki/Autrefois+acquit
(108 words)
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| |
| | List of basic criminal justice topics |
| | Pardon -- Penal law -- Peremptory pleas -- Perjury --Plea bargain -- Precedent -- Predator -- Preliminary hearing -- Prescription --Probable cause -- Probation -- Procedural defense -- Prosecutorial misconduct -- Prostitution -- Provocation -- Public order |
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http://www.paloweb.com/wikipedia.asp?l=en&pages=List+of+basic+criminal+justice+topics
(383 words)
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| | The Mobilization To Free Mumia Abu-Jamal |
| | It is being expressed on June 30th to the U.S. Court of Appeals for the Third Circuit, Philadelphia, for filing on July 1st. | | | To date, only one habeas corpus claim has been certified for review by the Court of Appeals, i.e., Claim 16 which concerns the prosecution's systematic use of peremptory strikes to remove people of color from sitting on the jury. | | | Pennsylvania State Court of Common Pleas denied Mumia, once again, of his constitutional rights to present evidence and testimony essential to proving his INNOCENCE |
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http://www.freemumia.org/news.html
(1101 words)
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| | HoustonChronicle.com - Supreme Court overturns Miller-El conviction |
| | Peremptory challenges allow prosecutors and defense lawyers to disqualify a limited number of jurors without stated justification, although the reason cannot be based on race. | | | If an objection is raised, the other side must show that the peremptory challenge was used in a non-discriminatory manner. | | | The Supreme Court majority said the prosecution eliminated potential black jurors who answered questions in a manner similar to their white peers who were not disqualified and in one instance mischaracterized the testimony of a black man who supported the death penalty so they could dismiss him. |
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http://www.chron.com/cs/CDA/ssistory.mpl/nation/3224096
(1054 words)
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| | Local Juvenile Rules - Rule 26 |
| | All procedures concerning jury selection and service should be governed by Ohio Rules of Court. | | | Departures from the principle of random selection are appropriate only to comply with lawful exceptions. | | | Procedures for exercising peremptory challenges shall be in accordance with Ohio Civil and Criminal Rules adopted by the Supreme Court of Ohio and applicable statutory authority. |
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http://www.fccourts.org/DRJ/lrjuv/lrjuv26.html
(2634 words)
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| | JudgeColumn |
| | One principle is that failure of a party to exercise a peremptory challenge waives that challenge but does not waive any other peremptory challenges to which the party may otherwise be entitled. | | | The Supreme Court of Ohio Task Force on Jury Service concluded that "often courts and attorneys will assume that once a peremptory challenge is waived, all remaining peremptory challenges are waived." The amended rule has been designed to deter this incorrect assumption. | | | The defendant may only attack a prior conviction if the attack concerns a violation of the right to counsel, as opposed to a plea in noncompliance with Criminal Rule 11 which was not raised on appeal. |
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http://www.lcba-ohio.org/JudgeColumn.htm
(13862 words)
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| | [No title] |
| | Trial XE "Trial" Special verdicts and interrogatories— 49 court can submit to jury written questions of categorical or brief answer (where it omits some issue in doing this, parties waive right to trial by jury of omitted issue) can give jury interrogatories, ask them to both write answers to interoggs. | | | Clearly erroneous, 52a, Review of whether fact finding process was done correctly: judges fact-find even where there is a jury (challenge to peremptory; determination whether inquiry is reasonable under rule 11). | | | J.E.B v Alabama (1994) Supreme Court extended principle of Edmonson to include peremptory strikes based on gender; fifth vote in 5-4 decision was O’Connor, who limited her concurrence to situation in which the state is a litigant. |
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http://www.ilrg.com/students/outlines/download/civpro1-chicago-buss-02.doc
(2369 words)
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| | Peremptory plea |
| | In the common law legal system the peremptory pleas (pleas in bar) are pleas which set out special reasons for a trial cannot go ahead. | | | This is a collection of 30 articles, some of which were written for the GBC magazine, that Piper has written to church leaders. | | | They are the of autrefois convict the plea of autrefois acquit and the plea of pardon. |
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http://www.freeglossary.com/Peremptory_pleas
(394 words)
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| | Legal Definition of 'Duplicity' |
| | Each plea must still be single, as by the rules of the common law. | | | This is a fault in pleading, only because it tends to useless prolixity and confusion, and is, therefore, only a fault in form. | | | This extends only to pleas to the declaration, and does not embrace replications, rejoinders, nor any of the subsequent pleadings. |
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http://www.lectlaw.com/def/d206.htm
(245 words)
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| | 510cp10 |
| | Common law pleadings were meant to decide if the complaint was a matter of law or fact. | | | If the complaint has only technical errors, there's no reason to move to dismiss it. | | | These days, dilatory pleas are in 12(b) and Peremptory pleas seem to be in Rule 8. |
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http://www-personal.umich.edu/~ralatham/lawiki/510cp10.html
(120 words)
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| | Juror Information, Montgomery County Common Pleas Court |
| | You also have an opportunity to tell the court about anything else that might impact your ability to sit as a juror. | | | Generally, each side in a case has the right to ask that a certain limited number of jurors be excused without giving a reason (called a "peremptory challenge"). | | | Each side can also make an unlimited number of challenges "for cause" (for a good reason). |
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http://montcourt.org/jurorinfo.php?page=know&topic=5
(356 words)
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| | cpagenda11404 |
| | Material on p 337 talks about Common Law pleading—it is too detailed, but it does help some; | | | Know the difference between dilatory and peremptory pleas |
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http://www.law.missouri.edu/devine/cpagenda11404.htm
(362 words)
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| | Summit County Common Pleas |
| | Unlike civil trials in Ohio, the jury must find a defendant in a criminal trial 'guilty' or 'not guilty' by a unanimous vote. | | | Should you be challenged, the judge will decide whether or not you will be excused from service on that jury. | | | The attorney for each side may challenge any prospective juror either for cause or without an apparent reason. |
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http://www.summitcpcourt.net/juryinfo_service.html
(957 words)
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| |
| | CONDITIONAL PLEAS |
| | counsel, an accused may enter a conditional plea of | | | accused prevails on appeal, his or her conditional plea | | | After the accused enters pleas, the military judge |
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http://www.tpub.com/content/combat/14137/css/14137_105.htm
(382 words)
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| | duplicity |
| | Under this statute, the defendant may, with leave of court, plead as | | | many different pleas in bar, (each being a single,) as he may think proper; | | | This statute extends only to pleas to the declaration, and does not |
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http://dictionary-x.com/duplicity.html
(583 words)
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| | CODE OF CIVIL PROCEDURE |
| | SUB-SECTION III APPELLATE PLEA AGAINST JURISDICTION (Articles 80 to 91) | | | PEREMPTORY DECLARATION OF INADMISSIBILITY (Articles 122 to 126) | | | DISPUTES RELATING TO DOCUMENTARY EVIDENCE (Articles 285 to 286) |
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http://lexinter.net/ENGLISH/code_of_civil_procedure.htm
(2339 words)
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