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Simple English definitions for legal terms
declinatory exception
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A quick definition of declinatory exception:
A declinatory exception is a legal term that refers to a plea made by a defendant before a trial, claiming that the court does not have the jurisdiction to hear the case. It is also known as a declinatory plea. In the past, a similar plea called a declinatory plea was used to claim the benefit of clergy, which was a form of sanctuary.
A more thorough explanation:
A declinatory exception is a type of legal defense that a defendant can use to challenge the jurisdiction of a court or the legal authority of a plaintiff to bring a case. It is a pretrial plea that seeks to have the case dismissed before it goes to trial.
For example, if a defendant is sued in a court that does not have jurisdiction over the case, they can file a declinatory exception to have the case dismissed. Similarly, if a plaintiff does not have the legal authority to bring a case, such as if they are not the rightful owner of a property, the defendant can file a declinatory exception to challenge their legal standing.
Another example of a declinatory exception is a plea of sanctuary, which was historically used to claim the benefit of clergy in pretrial proceedings.
Overall, a declinatory exception is a legal defense that can be used to challenge the jurisdiction or legal authority of a court or plaintiff, and seek to have a case dismissed before it goes to trial.