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LSDefine
Simple English definitions for legal terms
nonissuable plea
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A quick definition of nonissuable plea:
A plea is a formal response that an accused person gives in court when they are charged with a crime. They can say "guilty," "not guilty," or "no contest." A guilty plea means they admit to committing the crime, while a not guilty plea means they deny it. A plea bargain is when the defendant and prosecutor agree on a plea. A nonissuable plea is a plea that won't decide the case on its merits, like a plea in abatement.A more thorough explanation:
A nonissuable plea is a type of plea that cannot be decided by the court on the merits of the case. This means that the court ruling on this type of plea will not determine the outcome of the case. Examples of nonissuable pleas include:
- Plea in abatement: A plea that objects to the place, time, or method of asserting the plaintiff's claim but does not dispute the claim's merits.
- Jurisdictional plea: A plea asserting that the court lacks jurisdiction either over the defendant or over the subject matter of the case.
For example, if a defendant files a plea in abatement arguing that the plaintiff filed the lawsuit in the wrong court, the court's ruling on this plea will not determine whether the defendant is liable for the plaintiff's claims. Instead, the court will only decide whether the case should be dismissed or transferred to a different court.