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Simple English definitions for legal terms
plead over
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A quick definition of plead over:
Term: PLEAD OVER
Definition: Plead over means to not notice a mistake in the other person's legal statement. It can also mean to use a general defense after a previous defense was rejected. Aider by pleading over is when a mistake in a legal statement is overlooked because the other person did not object to it.
A more thorough explanation:
Definition: Plead over is a legal term that has two meanings:
- To fail to notice a mistake in an opponent's legal document (pleading).
- To plead the general issue after a defendant has had a dilatory plea overruled.
Example 1: If a lawyer fails to notice a mistake in the other party's legal document, they are said to have "pleaded over." For instance, if the other party's pleading contains a defective allegation, and the lawyer fails to object to it, they have pleaded over.
Example 2: In the historical context, if a defendant had a dilatory plea (a plea that delays the trial) overruled, they could plead the general issue. This means they could deny the allegations made against them and proceed to trial.
Both examples illustrate how the term "plead over" is used in the legal context. It refers to a situation where a lawyer or defendant fails to object to a mistake or defect in a legal document, which can have consequences for the case.