Legal Definitions - plaidoyer

Plaidoyer is a historical term referring to the comprehensive and formal argument presented by a legal advocate on behalf of their client in a court of law. It encompasses the entire presentation of a case, including the recitation of facts, legal reasoning, and persuasive rhetoric, all aimed at convincing the court or jury of the client's position.

• Imagine a barrister in 19th-century England defending a client accused of a serious crime, such as highway robbery. The barrister's entire address to the jury, where they meticulously present evidence, challenge witness testimonies, and articulate legal arguments to establish their client's innocence or argue for leniency, would be considered their plaidoyer. This comprehensive presentation is the advocate's formal plea on behalf of the accused.

• Consider a legal representative in 18th-century France arguing before a local seigneurial court concerning a complex dispute over land boundaries between two noble families. The advocate's detailed presentation, which includes historical land records, witness accounts, and interpretations of local customary law to support their client's claim to the disputed territory, constitutes their plaidoyer. It is their formal and persuasive argument to the court.

• In a historical legal system, if a lower court's decision was being challenged, a senior advocate might present a plaidoyer to an appellate court. For instance, a lawyer in 17th-century Scotland arguing before the Lords of Council and Session, explaining why a previous judgment regarding a merchant's debt should be overturned, would be delivering their plaidoyer. This plea would involve a re-evaluation of the facts and a fresh application of legal principles to persuade the higher court.