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A Plea is an answer demanded within the Courts of the Bar Guilds to a claim of controversy formally establishing that all three forms of jurisdiction have been perfected (personal, territorial and subject matter) and the manner with which the defendant wishes the matter to be reviewed. |
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What is the most common understanding of plea? |
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When you read a legal dictionary or investigate any of the documents of the private Bar guild concerning the concept of “plea”, you will find it is defined as a mostly procedural custom of “common law” whereby an answer is given by an accused in a civil or criminal case under the adversary system. The three generally accepted answers for a “plea” being Guilty, Not Guilty or No Contest. |
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There is however, another set of accepted pleas under the common law system called a “Peremptory plea” – the word peremptory from the Latin peremptio meaning to “destroy, prevent, kill”. Therefore a Peremptory plea if accepted by the rules of the private guild of the Bar literally “kills the case”. |
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There are several accepted versions of peremptory plea including: |
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Plea of “autrefois convict”, also known as a res judicata meaning previously convicted of the same offence; and |
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Plea of “autrefois acquit”, also known as a res judicata meaning previously acquitted or pardoned of the same offence. |
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A further and rarer form of plea exists called “demurrer” which requires a stop or pause by a party to an action, for the judgment of the court or another court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further. |
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The word “demurrer” comes from the combination of Latin de (out, down) +muralis (fighting against). Thus demurrer is a call to the court to “cease fighting” until a matter of law is adjudicated. |
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Unfortunately, often when men and women have plea “demurrer” they do so without any adequate knowledge or basis to request an “interlocutory on a matter of law”- meaning an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue. |
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A Demurrer is not a plea- do not enter a plea |
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A Demurrer is not a plea. Do not be tricked by a judge into thinking you have entered a plea- you have not. |
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Nor should you be tricked by a judge when they say "alright then , I will enter that you have pleaded not guilty etc etc". That is an offer and do not accept such offers. The reason you do not enter a plea is that the court has no jurisdiction and when a plea is entered you effectively appoint the judge the executor. |
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Everything frontwards is backwards |
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While the information above should make perfect sense, there seems a “disconnect” between the definition of Plea first listed at the top of page, implying a Plea is in fact an “order” by the accused to the court, not the other way around. Is this true? Why is this true? And why is this deeper understanding of the nature of a plea so important? |
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As you may have read and concluded from previous pages of information on “How to Succeed in Court”, there is much that is hidden concerning the foundations that support the private law of the Bar guild in its private courts with its private members. The nature of Plea is just one more example. |
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The origin of Plea is indeed an ancient concept of Anglo-Saxon law and is in fact a Right granted to all accused to choose the manner by which they be judged. Except, it wasn’t called “plea”, but “placeo” which meant an agreement by which form and method of review a matter was to proceed in a court under the Franks and later the Saxons called a Placitum – from which we get “place”. |
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Plea on the other hand is merely an offer to the city of the “Seven Sisters” being Rome, with the origin of the word “Plea” derived from Pleiades meaning “seven sisters”. Yet, while the word has been deliberately corrupted, like many elements of law, the concept that a Plea is the beginning a formal contract between the accused ordering the court to proceed a certain way and the judge remains true. |
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Plea presumes jurisdiction has been perfected |
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Before a contract can be agreed by entering a Plea, it is presumed as an ancient principle of law that Jurisdiction has been perfected concerning personal, territorial and subject matter. |
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In most private courts of the private guild of the Bar, establishing personal, territorial and subject-matter jurisdiction is relatively simple and fast so that in a few moments the court has perfected its jurisdiction simply by confirming the “name” of the accused, their “residence” and that they “understand” the charges against them. For more information on the nature of jurisdiction, please review the dedicated article here. |
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Thus, once jurisdiction is perfected, a plea can be requested and once a plea is given, the accused has formally contracted with the court. |
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If, however, a judge or magistrate has failed to perfect jurisdiction and instead has ignored or overlooked fundamental matters of law to attempt to “force jurisdiction”, then a plea of demurrer may be used to suspend the court from continuing until the interlocutory matter of law concerning the failure of the court to properly establish jurisdiction can be heard by a separate court. |
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In all other cases, a plea of demurrer will be on the presumption that the court has perfected its jurisdiction against the accused and any suspension of procedures for a point of law will concern some other defect, not jurisdiction. |
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