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Simple English definitions for legal terms
plea in bar
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A quick definition of plea in bar:
A plea in bar is a legal term used to describe a plea made by a defendant in a criminal case that seeks to completely and permanently defeat the plaintiff's or prosecutor's action. There are two types of pleas in bar: general and special. A general plea in bar is when a defendant pleads not guilty and denies every fact and circumstance necessary to be convicted of the crime charged. A special plea in bar is when a defendant sets up some extrinsic fact showing why they cannot be tried for the offense charged, such as a plea of pardon or autrefois acquit.
A more thorough explanation:
A plea in bar is a legal defense that seeks to completely and permanently defeat the plaintiff's or prosecutor's action. There are two types of plea in bar:
A general plea in bar is a criminal defendant's plea of not guilty, which denies every fact and circumstance necessary to be convicted of the crime charged.
Example: A defendant charged with murder enters a plea of not guilty, denying all allegations made against them.
A special plea in bar is a plea that sets up some extrinsic fact showing why a criminal defendant cannot be tried for the offense charged. This type of plea does not address the merits and denies the facts alleged.
Examples:
- Autrefois Acquit: A plea that asserts that the defendant has already been acquitted of the same offense in a previous trial.
- Pardon: A plea that asserts that the defendant has been pardoned for the offense charged.
These examples illustrate how a special plea in bar can be used to prevent a defendant from being tried for a crime, even if they are technically guilty of the offense charged.