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Simple English definitions for legal terms
sham plea
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A quick definition of sham plea:
A plea is a formal document that someone writes when they are involved in a legal case. It can be used to make a claim, respond to a claim, deny something, or defend oneself. There are different types of pleas, such as amended pleas that correct mistakes, and alternative pleas that make two different claims. However, a sham plea is a type of plea that is not serious and is only made to cause trouble or delay the case. It is not allowed in court because it is not honest or fair. Overall, a plea is an important part of a legal case that helps people explain their side of the story.A more thorough explanation:
Definition: A sham plea is a frivolous or absurd pleading made only for the purpose of vexation or delay in a legal proceeding. It is also known as a false plea or deceitful plea.
Example: A defendant in a civil lawsuit files a motion to dismiss the case, claiming that the plaintiff's complaint is based on false allegations and lacks any legal merit. However, the defendant knows that the allegations are true and has no valid defense. This motion is a sham plea because it is made only to delay the proceedings and harass the plaintiff.
Explanation: The example illustrates how a sham plea is used to frustrate the legal process and cause unnecessary delays. It is a tactic employed by unscrupulous litigants to gain an unfair advantage over their opponents. Courts have the power to sanction parties who file sham pleadings and may impose penalties such as fines or dismissal of the case.