Legal Definitions - barra

The term barra is a historical legal term with two primary meanings:

• A defense that completely defeats a legal claim. In this sense, it refers to what is known as a "plea in bar." This is a legal argument or defense presented by a defendant that, if proven true, would entirely prevent the plaintiff from winning their case on that specific claim. It effectively "bars" or stops the legal action from proceeding further.

  • Example 1: Imagine a situation where a person attempts to sue a company for a breach of contract that occurred ten years ago. However, the law in that jurisdiction specifies that lawsuits for breach of contract must be filed within six years of the incident.

    Explanation: The company's defense, arguing that the statute of limitations has expired, would historically be considered a "barra." If successful, this defense completely prevents the plaintiff's claim from moving forward, regardless of the original merits of the contract dispute, because the legal time limit has passed.

  • Example 2: A plaintiff files a lawsuit seeking damages for an injury, but the defendant discovers that the plaintiff had previously sued them for the exact same injury arising from the same incident and lost that earlier case.

    Explanation: The defendant could raise a "barra" based on the legal principle of res judicata (a matter already judged). This defense asserts that the issue has already been legally decided and cannot be litigated again, thereby completely barring the new lawsuit from proceeding.

• A barrister. Historically, "barra" also referred to a barrister, a type of lawyer in common law jurisdictions (such as the United Kingdom) who specializes in courtroom advocacy, presenting cases and arguing before judges and juries.

  • Example 3: In 19th-century England, a prominent landowner accused of trespassing sought the services of a legal professional renowned for his persuasive arguments and ability to navigate complex courtroom procedures.

    Explanation: This legal professional, whose primary role was to represent clients in court and present their case to the judge and jury, would have been historically referred to as a "barra" or barrister, reflecting the term's use for such practitioners.