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Simple English definitions for legal terms
abater
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A quick definition of abater:
Abater is a word that can mean two things. First, it can refer to someone who stops or reduces something. Second, it can be a legal term that describes a type of argument made by someone who is accused of a crime. This argument is called a plea in abatement and it is used to challenge the way the accusation was made, rather than the accusation itself. For example, someone might use a plea in abatement to argue that the court does not have the authority to hear the case.A more thorough explanation:
Definition: Abater (pronounced uh-bay-tur) refers to:
- One who abates something.
- A plea in abatement.
A plea is a formal response made by an accused person in court. There are different types of pleas:
- Guilty plea: An admission of having committed the charged offense.
- Not-guilty plea: A formal denial of having committed the charged offense.
- No-contest plea: A plea by which the defendant does not contest or admit guilt.
- Insanity plea: A plea that asserts the defendant's lack of mental capacity to understand the nature and consequences of their actions.
- Negotiated plea: A plea agreed to by the defendant and the prosecutor in a plea bargain.
- Conditional plea: A plea of guilty or no contest entered with the court's approval and the government's consent, with the defendant reserving the right to appeal any adverse determinations on one or more pretrial motions.
- Blind plea: A guilty plea made without the promise of a concession from either the judge or the prosecutor.
The term "abater" specifically refers to a plea in abatement, which objects to the place, time, or method of asserting the plaintiff's claim but does not dispute the claim's merits. For example, a defendant may argue that the plaintiff filed the lawsuit in the wrong jurisdiction or that the plaintiff failed to follow proper legal procedures in filing the claim.
Examples:
- A defendant pleads in abatement, arguing that the plaintiff failed to properly serve them with the lawsuit papers.
- A defendant pleads in abatement, arguing that the plaintiff filed the lawsuit in the wrong county.
These examples illustrate how a plea in abatement challenges the method of asserting the plaintiff's claim rather than the merits of the claim itself.