Confession and Avoidance
CONFESSION AND AVOIDANCE
A form of plea that served as the formal answer to a plaintiff's complaint or declaration.
Under the old system of common-law pleading, a defendant might choose to respond to the plaintiff's claim with a plea of confession and avoidance. By that, the defendant acknowledged the truth of the allegations in the plain-tiff's declaration, either specifically or by implication, and then asserted that there were additional facts that neutralized the legal effect of the plaintiff's allegations.
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Plea , PLEA
A formal response by the defendant to the affirmative assertions of the plaintiff in a civil case or to the charges of the prosecutor in a crimi… avoid , a·void / əˈvoid/ • v. [tr.] 1. keep away from or stop oneself from doing (something): avoid excessive exposure to the sun. ∎ contrive not to meet (so… Demurrer , DEMURRER
An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plainti… Counterclaim , COUNTERCLAIM
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.
A counterclaim… ANSWER , an·swer / ˈansər/ • n. a thing said, written, or done to deal with or as a reaction to a question, statement, or situation. ∎ a thing written or said… Rejoinder , re·join·der / riˈjoindər/ • n. a reply, esp. a sharp or witty one: she would have made some cutting rejoinder but none came to mind. ∎ dated Law a de…
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Confession and Avoidance