| slovo | definícia |
confession
(mass) | confession
- priznanie |
confession
(encz) | confession,doznání n: Zdeněk Brož |
confession
(encz) | confession,přiznání |
confession
(encz) | confession,vyznání n: Zdeněk Brož |
confession
(encz) | confession,zpověď Zdeněk Brož |
Confession
(gcide) | Confession \Con*fes"sion\, n. [F. confession, L. confessio.]
1. Acknowledgment; avowal, especially in a matter pertaining
to one's self; the admission of a debt, obligation, or
crime.
[1913 Webster]
With a crafty madness keeps aloof,
When we would bring him on to some confession
Of his true state. --Shak.
[1913 Webster]
2. Acknowledgment of belief; profession of one's faith.
[1913 Webster]
With the mouth confession is made unto salvation.
--Rom. x. 10.
[1913 Webster]
3. (Eccl.) The act of disclosing sins or faults to a priest
in order to obtain sacramental absolution.
[1913 Webster]
Auricular confession . . . or the private and
special confession of sins to a priest for the
purpose of obtaining his absolution. --Hallam.
[1913 Webster]
4. A formulary in which the articles of faith are comprised;
a creed to be assented to or signed, as a preliminary to
admission to membership of a church; a confession of
faith.
[1913 Webster]
5. (Law) An admission by a party to whom an act is imputed,
in relation to such act. A judicial confession settles the
issue to which it applies; an extrajudical confession may
be explained or rebutted. --Wharton.
[1913 Webster]
Confession and avoidance (Law), a mode of pleading in which
the party confesses the facts as stated by his adversary,
but alleges some new matter by way of avoiding the legal
effect claimed for them. --Mozley & W.
[1913 Webster]
Confession of faith, a formulary containing the articles of
faith; a creed.
General confession, the confession of sins made by a number
of persons in common, as in public prayer.
Westminster Confession. See Westminster Assembly, under
Assembly.
[1913 Webster] |
confession
(wn) | confession
n 1: an admission of misdeeds or faults
2: a written document acknowledging an offense and signed by the
guilty party
3: (Roman Catholic Church) the act of a penitent disclosing his
sinfulness before a priest in the sacrament of penance in the
hope of absolution
4: a public declaration of your faith
5: the document that spells out the belief system of a given
church (especially the Reformation churches of the 16th
century) |
CONFESSION
(bouvier) | CONFESSION, crim. law, evidence. The voluntary declaration made by a person
who has committed a crime or misdemeanor, to another, of the agency or
participation which he had in the same.
2. When made without bias or improper influence, confessions are
admissible in evidence, as the highest and most satisfactory proof: because
it is fairly presumed that no man would make such a confession against
himself, if the facts confessed were not true but they are excluded, if
liable to the of having been unfairly obtained.
3. Confessions should be received with great caution, as they are
liable to many objections. There is danger of error from the misapprehension
of witnesses, the misuse of words, the failure of a party to express his own
meaning, the prisoner being oppressed by his unfortunate situation, and
influenced by hope, fear, and sometimes a worse motive, to male an untrue
confession. See the case of the two Boorns in Greenl. Ev. Sec. 214, note 1;
North American Review, vol. 10, p. 418; 6 Carr. & P. 451; Joy on Confess. s.
14, p. 100; and see 1 Chit. Cr. Law, 85.
4. A confession must be made voluntarily, by the party himself, to
another person. 1. It must be voluntary. A confession, forced from the mind
by the flattery of hope, or the torture of fear, comes in so questionable a
shape, when it is to be considered as evidence of guilt, that Lo credit
ought to be given to it. 1 Leach, 263. This is the principle, but what
amounts to a promise or a threat, is not so easily defined. Vide 2 East, P.
C. 659; 2 Russ. on Cr. 644 4 Carr. & Payne, 387; S. C. 19 Eng. Com. L. Rep.
434; 1 Southard, R. 231 1 Wend. R. 625; 6 Wend. R. 268 5 Halst. R. 163
Mina's Trial, 10; 5 Rogers' Rec. 177 2 Overton, R. 86 1 Hayw. (N. C.) R,
482; 1 Carr. & Marsh. 584. But it must be observed that a confession will be
considered as voluntarily made, although it was made after a promise of
favor or threat of punishment, by a person not in authority, over the
prisoner. If, however, a person having such authority over him be present at
the time, and he express no dissent, evidence of such confession cannot be
given. 8 Car. & Payne, 733.
5. - 2. The confession must be made by the party to be affected by it.
It is evidence only against him. In case of a conspiracy, the acts of one
conspirator are the acts of all, while active in the progress of the
conspiracy, but after it is over, the confession of one as to the part he
and others took in the crime, is not evidence against any but himself. Phil.
Ev. 76, 77; 2 Russ. on Cr. 653.
6. - 3. The confession must be to another person. It may be made to a
private individual, or under examination before a magistrate. The whole of
the confession must be taken, together with whatever conversation took place
at the time of the confession. Roscoe's Ev. N. P. 36; 1 Dall. R. 240 Id.
392; 3 Halst. 27 5 2 Penna. R. 27; 1 Rogers' Rec. 66; 3 Wheeler's C. C.
533; 2 Bailey's R. 569; 5 Rand. R. 701.
7. Confession, in another sense, is where a prisoner being arraigned
for an offence, confesses or admits the crime with which he is charged,
whereupon the plea of guilty is entered. Com Dig. Indictment, K; Id.
Justices, W 3; Arch. Cr. Pl. 1 2 1; Harr. Dig. b. t.; 20 Am. Jur. 68; Joy on
Confession.
8. Confessions are classed into judicial and extra judicial. Judicial
confessions are those made before a magistrate, or in court, in the due
course of legal proceedings; when made freely by the party, and with a full
and perfect knowledge of their nature and consequences, they are sufficient
to found a conviction. These confessions are such as are authorized by a
statute, as to take a preliminary examination in writing; or they are by
putting in the plea of guilty to an indictment. Extra judicial confessions
are those which are made by the part elsewhere than before a magistrate or
in open court. 1 Greenl. Ev. Sec. 216. See, generally, 3 Bouv. Inst. n.
3081-2.
|
| | podobné slovo | definícia |
confession of judgement
(encz) | confession of judgement, n: |
confession of judgment
(encz) | confession of judgment, n: |
confessional
(encz) | confessional,zpovědní adj: Zdeněk Brož |
confessions
(encz) | confessions,přiznání pl. Zdeněk Brož |
Augustan confession
(gcide) | Augustan \Au*gus"tan\, a. [L. Augustanus, fr. Augustus. See
August, n.]
1. Of or pertaining to Augustus C[ae]sar or to his times.
[1913 Webster]
2. Of or pertaining to the town of Augsburg.
[1913 Webster]
Augustan age of any national literature, the period of its
highest state of purity and refinement; -- so called
because the reign of Augustus C[ae]sar was the golden age
of Roman literature. Thus the reign of Louis XIV. (b.
1638) has been called the Augustan age of French
literature, and that of Queen Anne (b. 1664) the Augustan
age of English literature.
Augustan confession (Eccl. Hist.), or confession of
Augsburg, drawn up at Augusta Vindelicorum, or Augsburg,
by Luther and Melanchthon, in 1530, contains the
principles of the Protestants, and their reasons for
separating from the Roman Catholic church.
[1913 Webster] Augustine |
Confession
(gcide) | Confession \Con*fes"sion\, n. [F. confession, L. confessio.]
1. Acknowledgment; avowal, especially in a matter pertaining
to one's self; the admission of a debt, obligation, or
crime.
[1913 Webster]
With a crafty madness keeps aloof,
When we would bring him on to some confession
Of his true state. --Shak.
[1913 Webster]
2. Acknowledgment of belief; profession of one's faith.
[1913 Webster]
With the mouth confession is made unto salvation.
--Rom. x. 10.
[1913 Webster]
3. (Eccl.) The act of disclosing sins or faults to a priest
in order to obtain sacramental absolution.
[1913 Webster]
Auricular confession . . . or the private and
special confession of sins to a priest for the
purpose of obtaining his absolution. --Hallam.
[1913 Webster]
4. A formulary in which the articles of faith are comprised;
a creed to be assented to or signed, as a preliminary to
admission to membership of a church; a confession of
faith.
[1913 Webster]
5. (Law) An admission by a party to whom an act is imputed,
in relation to such act. A judicial confession settles the
issue to which it applies; an extrajudical confession may
be explained or rebutted. --Wharton.
[1913 Webster]
Confession and avoidance (Law), a mode of pleading in which
the party confesses the facts as stated by his adversary,
but alleges some new matter by way of avoiding the legal
effect claimed for them. --Mozley & W.
[1913 Webster]
Confession of faith, a formulary containing the articles of
faith; a creed.
General confession, the confession of sins made by a number
of persons in common, as in public prayer.
Westminster Confession. See Westminster Assembly, under
Assembly.
[1913 Webster] |
Confession and avoidance
(gcide) | Confession \Con*fes"sion\, n. [F. confession, L. confessio.]
1. Acknowledgment; avowal, especially in a matter pertaining
to one's self; the admission of a debt, obligation, or
crime.
[1913 Webster]
With a crafty madness keeps aloof,
When we would bring him on to some confession
Of his true state. --Shak.
[1913 Webster]
2. Acknowledgment of belief; profession of one's faith.
[1913 Webster]
With the mouth confession is made unto salvation.
--Rom. x. 10.
[1913 Webster]
3. (Eccl.) The act of disclosing sins or faults to a priest
in order to obtain sacramental absolution.
[1913 Webster]
Auricular confession . . . or the private and
special confession of sins to a priest for the
purpose of obtaining his absolution. --Hallam.
[1913 Webster]
4. A formulary in which the articles of faith are comprised;
a creed to be assented to or signed, as a preliminary to
admission to membership of a church; a confession of
faith.
[1913 Webster]
5. (Law) An admission by a party to whom an act is imputed,
in relation to such act. A judicial confession settles the
issue to which it applies; an extrajudical confession may
be explained or rebutted. --Wharton.
[1913 Webster]
Confession and avoidance (Law), a mode of pleading in which
the party confesses the facts as stated by his adversary,
but alleges some new matter by way of avoiding the legal
effect claimed for them. --Mozley & W.
[1913 Webster]
Confession of faith, a formulary containing the articles of
faith; a creed.
General confession, the confession of sins made by a number
of persons in common, as in public prayer.
Westminster Confession. See Westminster Assembly, under
Assembly.
[1913 Webster] |
Confession of faith
(gcide) | Confession \Con*fes"sion\, n. [F. confession, L. confessio.]
1. Acknowledgment; avowal, especially in a matter pertaining
to one's self; the admission of a debt, obligation, or
crime.
[1913 Webster]
With a crafty madness keeps aloof,
When we would bring him on to some confession
Of his true state. --Shak.
[1913 Webster]
2. Acknowledgment of belief; profession of one's faith.
[1913 Webster]
With the mouth confession is made unto salvation.
--Rom. x. 10.
[1913 Webster]
3. (Eccl.) The act of disclosing sins or faults to a priest
in order to obtain sacramental absolution.
[1913 Webster]
Auricular confession . . . or the private and
special confession of sins to a priest for the
purpose of obtaining his absolution. --Hallam.
[1913 Webster]
4. A formulary in which the articles of faith are comprised;
a creed to be assented to or signed, as a preliminary to
admission to membership of a church; a confession of
faith.
[1913 Webster]
5. (Law) An admission by a party to whom an act is imputed,
in relation to such act. A judicial confession settles the
issue to which it applies; an extrajudical confession may
be explained or rebutted. --Wharton.
[1913 Webster]
Confession and avoidance (Law), a mode of pleading in which
the party confesses the facts as stated by his adversary,
but alleges some new matter by way of avoiding the legal
effect claimed for them. --Mozley & W.
[1913 Webster]
Confession of faith, a formulary containing the articles of
faith; a creed.
General confession, the confession of sins made by a number
of persons in common, as in public prayer.
Westminster Confession. See Westminster Assembly, under
Assembly.
[1913 Webster]Faith \Faith\ (f[=a]th), n. [OE. feith, fayth, fay, OF. feid,
feit, fei, F. foi, fr. L. fides; akin to fidere to trust, Gr.
pei`qein to persuade. The ending th is perhaps due to the
influence of such words as truth, health, wealth. See Bid,
Bide, and cf. Confide, Defy, Fealty.]
1. Belief; the assent of the mind to the truth of what is
declared by another, resting solely and implicitly on his
authority and veracity; reliance on testimony.
[1913 Webster]
2. The assent of the mind to the statement or proposition of
another, on the ground of the manifest truth of what he
utters; firm and earnest belief, on probable evidence of
any kind, especially in regard to important moral truth.
[1913 Webster]
Faith, that is, fidelity, -- the fealty of the
finite will and understanding to the reason.
--Coleridge.
[1913 Webster]
3. (Judeo-Christian Theol.)
(a) The belief in the historic truthfulness of the
Scripture narrative, and the supernatural origin of
its teachings, sometimes called historical and
speculative faith.
(b) (Christian Theol.) The belief in the facts and truth
of the Scriptures, with a practical love of them;
especially, that confiding and affectionate belief in
the person and work of Christ, which affects the
character and life, and makes a man a true Christian,
-- called a practical, evangelical, or saving faith.
[1913 Webster]
Without faith it is impossible to please him
[God]. --Heb. xi. 6.
[1913 Webster]
The faith of the gospel is that emotion of the
mind which is called "trust" or "confidence"
exercised toward the moral character of God, and
particularly of the Savior. --Dr. T.
Dwight.
[1913 Webster]
Faith is an affectionate, practical confidence
in the testimony of God. --J. Hawes.
[1913 Webster]
4. That which is believed on any subject, whether in science,
politics, or religion; especially (Theol.), a system of
religious belief of any kind; as, the Jewish or Mohammedan
faith; the Christian faith; also, the creed or belief of a
Christian society or church.
[1913 Webster +PJC]
Which to believe of her,
Must be a faith that reason without miracle
Could never plant in me. --Shak.
[1913 Webster]
Now preacheth the faith which once he destroyed.
--Gal. i. 23.
[1913 Webster]
5. Fidelity to one's promises, or allegiance to duty, or to a
person honored and beloved; loyalty.
[1913 Webster]
Children in whom is no faith. --Deut. xxvii.
20.
[1913 Webster]
Whose failing, while her faith to me remains,
I should conceal. --Milton.
[1913 Webster]
6. Word or honor pledged; promise given; fidelity; as, he
violated his faith.
[1913 Webster]
For you alone
I broke me faith with injured Palamon. --Dryden.
[1913 Webster]
7. Credibility or truth. [R.]
[1913 Webster]
The faith of the foregoing narrative. --Mitford.
[1913 Webster]
Act of faith. See Auto-da-f['e].
Breach of faith, Confession of faith, etc. See under
Breach, Confession, etc.
Faith cure, a method or practice of treating diseases by
prayer and the exercise of faith in God.
In good faith, with perfect sincerity.
[1913 Webster] |
Confessional
(gcide) | Confessional \Con*fes"sion*al\, n. [F. confessional.]
The recess, seat, or inclosed place, where a priest sits to
hear confessions; often a small structure furnished with a
seat for the priest and with a window or aperture so that the
penitent who is outside may whisper into the priest's ear
without being seen by him or heard by others.
[1913 Webster]Confessional \Con*fes"sion*al\, a.
Pertaining to a confession of faith.
[1913 Webster]
Confessional equality, equality before the law of persons
confessing different creeds.
[1913 Webster] |
Confessional equality
(gcide) | Confessional \Con*fes"sion*al\, a.
Pertaining to a confession of faith.
[1913 Webster]
Confessional equality, equality before the law of persons
confessing different creeds.
[1913 Webster]Equality \E*qual"i*ty\, n.; pl. Equalities. [L. aequalitas,
fr. aequalis equal. See Equal.]
1. The condition or quality of being equal; agreement in
quantity or degree as compared; likeness in bulk, value,
rank, properties, etc.; as, the equality of two bodies in
length or thickness; an equality of rights.
[1913 Webster]
A footing of equality with nobles. --Macaulay.
[1913 Webster]
2. Sameness in state or continued course; evenness;
uniformity; as, an equality of temper or constitution.
[1913 Webster]
3. Evenness; uniformity; as, an equality of surface.
[1913 Webster]
4. (Math.) Exact agreement between two expressions or
magnitudes with respect to quantity; -- denoted by the
symbol =; thus, a = x signifies that a contains the same
number and kind of units of measure that x does.
[1913 Webster]
Confessional equality. See under Confessional.
[1913 Webster] |
Confessionalism
(gcide) | Confessionalism \Con*fes"sion*al*ism\, n. (Eccl.)
An exaggerated estimate of the importance of giving full
assent to any particular formula of the Christian faith.
--Shaff.
[1913 Webster] |
Confessionalist
(gcide) | Confessionalist \Con*fes"sion*al*ist\, n.
A priest hearing, or sitting to hear, confession. [R.]
--Boucher
[1913 Webster] |
Confessionary
(gcide) | Confessionary \Con*fes"sion*a*ry\, n. [LL. confessionarium.]
A confessional. [Obs.] --Johnson.
[1913 Webster]Confessionary \Con*fes"sion*a*ry\, a.
Pertaining to auricular confession; as, a confessionary
litany.
[1913 Webster] |
Confessionist
(gcide) | Confessionist \Con*fes"sion*ist\, n. [Cf. F. confessioniste.]
One professing a certain faith. --Bp. Montagu.
[1913 Webster] |
General confession
(gcide) | Confession \Con*fes"sion\, n. [F. confession, L. confessio.]
1. Acknowledgment; avowal, especially in a matter pertaining
to one's self; the admission of a debt, obligation, or
crime.
[1913 Webster]
With a crafty madness keeps aloof,
When we would bring him on to some confession
Of his true state. --Shak.
[1913 Webster]
2. Acknowledgment of belief; profession of one's faith.
[1913 Webster]
With the mouth confession is made unto salvation.
--Rom. x. 10.
[1913 Webster]
3. (Eccl.) The act of disclosing sins or faults to a priest
in order to obtain sacramental absolution.
[1913 Webster]
Auricular confession . . . or the private and
special confession of sins to a priest for the
purpose of obtaining his absolution. --Hallam.
[1913 Webster]
4. A formulary in which the articles of faith are comprised;
a creed to be assented to or signed, as a preliminary to
admission to membership of a church; a confession of
faith.
[1913 Webster]
5. (Law) An admission by a party to whom an act is imputed,
in relation to such act. A judicial confession settles the
issue to which it applies; an extrajudical confession may
be explained or rebutted. --Wharton.
[1913 Webster]
Confession and avoidance (Law), a mode of pleading in which
the party confesses the facts as stated by his adversary,
but alleges some new matter by way of avoiding the legal
effect claimed for them. --Mozley & W.
[1913 Webster]
Confession of faith, a formulary containing the articles of
faith; a creed.
General confession, the confession of sins made by a number
of persons in common, as in public prayer.
Westminster Confession. See Westminster Assembly, under
Assembly.
[1913 Webster] |
Westminster Confession
(gcide) | Confession \Con*fes"sion\, n. [F. confession, L. confessio.]
1. Acknowledgment; avowal, especially in a matter pertaining
to one's self; the admission of a debt, obligation, or
crime.
[1913 Webster]
With a crafty madness keeps aloof,
When we would bring him on to some confession
Of his true state. --Shak.
[1913 Webster]
2. Acknowledgment of belief; profession of one's faith.
[1913 Webster]
With the mouth confession is made unto salvation.
--Rom. x. 10.
[1913 Webster]
3. (Eccl.) The act of disclosing sins or faults to a priest
in order to obtain sacramental absolution.
[1913 Webster]
Auricular confession . . . or the private and
special confession of sins to a priest for the
purpose of obtaining his absolution. --Hallam.
[1913 Webster]
4. A formulary in which the articles of faith are comprised;
a creed to be assented to or signed, as a preliminary to
admission to membership of a church; a confession of
faith.
[1913 Webster]
5. (Law) An admission by a party to whom an act is imputed,
in relation to such act. A judicial confession settles the
issue to which it applies; an extrajudical confession may
be explained or rebutted. --Wharton.
[1913 Webster]
Confession and avoidance (Law), a mode of pleading in which
the party confesses the facts as stated by his adversary,
but alleges some new matter by way of avoiding the legal
effect claimed for them. --Mozley & W.
[1913 Webster]
Confession of faith, a formulary containing the articles of
faith; a creed.
General confession, the confession of sins made by a number
of persons in common, as in public prayer.
Westminster Confession. See Westminster Assembly, under
Assembly.
[1913 Webster] |
augsburg confession
(wn) | Augsburg Confession
n 1: the document drawn up in 1555 to defend the catholicity of
Lutheran doctrine and to justify innovations in Lutheran
practice; is still in effect today |
confession of judgement
(wn) | confession of judgement
n 1: a judgment entered after a written confession by the debtor
without the expense of ordinary legal proceedings [syn:
confession of judgment, confession of judgement,
cognovit judgment, cognovit judgement] |
confession of judgment
(wn) | confession of judgment
n 1: a judgment entered after a written confession by the debtor
without the expense of ordinary legal proceedings [syn:
confession of judgment, confession of judgement,
cognovit judgment, cognovit judgement] |
confessional
(wn) | confessional
n 1: a booth where a priest sits to hear confessions |
CONFESSION
(bouvier) | CONFESSION, crim. law, evidence. The voluntary declaration made by a person
who has committed a crime or misdemeanor, to another, of the agency or
participation which he had in the same.
2. When made without bias or improper influence, confessions are
admissible in evidence, as the highest and most satisfactory proof: because
it is fairly presumed that no man would make such a confession against
himself, if the facts confessed were not true but they are excluded, if
liable to the of having been unfairly obtained.
3. Confessions should be received with great caution, as they are
liable to many objections. There is danger of error from the misapprehension
of witnesses, the misuse of words, the failure of a party to express his own
meaning, the prisoner being oppressed by his unfortunate situation, and
influenced by hope, fear, and sometimes a worse motive, to male an untrue
confession. See the case of the two Boorns in Greenl. Ev. Sec. 214, note 1;
North American Review, vol. 10, p. 418; 6 Carr. & P. 451; Joy on Confess. s.
14, p. 100; and see 1 Chit. Cr. Law, 85.
4. A confession must be made voluntarily, by the party himself, to
another person. 1. It must be voluntary. A confession, forced from the mind
by the flattery of hope, or the torture of fear, comes in so questionable a
shape, when it is to be considered as evidence of guilt, that Lo credit
ought to be given to it. 1 Leach, 263. This is the principle, but what
amounts to a promise or a threat, is not so easily defined. Vide 2 East, P.
C. 659; 2 Russ. on Cr. 644 4 Carr. & Payne, 387; S. C. 19 Eng. Com. L. Rep.
434; 1 Southard, R. 231 1 Wend. R. 625; 6 Wend. R. 268 5 Halst. R. 163
Mina's Trial, 10; 5 Rogers' Rec. 177 2 Overton, R. 86 1 Hayw. (N. C.) R,
482; 1 Carr. & Marsh. 584. But it must be observed that a confession will be
considered as voluntarily made, although it was made after a promise of
favor or threat of punishment, by a person not in authority, over the
prisoner. If, however, a person having such authority over him be present at
the time, and he express no dissent, evidence of such confession cannot be
given. 8 Car. & Payne, 733.
5. - 2. The confession must be made by the party to be affected by it.
It is evidence only against him. In case of a conspiracy, the acts of one
conspirator are the acts of all, while active in the progress of the
conspiracy, but after it is over, the confession of one as to the part he
and others took in the crime, is not evidence against any but himself. Phil.
Ev. 76, 77; 2 Russ. on Cr. 653.
6. - 3. The confession must be to another person. It may be made to a
private individual, or under examination before a magistrate. The whole of
the confession must be taken, together with whatever conversation took place
at the time of the confession. Roscoe's Ev. N. P. 36; 1 Dall. R. 240 Id.
392; 3 Halst. 27 5 2 Penna. R. 27; 1 Rogers' Rec. 66; 3 Wheeler's C. C.
533; 2 Bailey's R. 569; 5 Rand. R. 701.
7. Confession, in another sense, is where a prisoner being arraigned
for an offence, confesses or admits the crime with which he is charged,
whereupon the plea of guilty is entered. Com Dig. Indictment, K; Id.
Justices, W 3; Arch. Cr. Pl. 1 2 1; Harr. Dig. b. t.; 20 Am. Jur. 68; Joy on
Confession.
8. Confessions are classed into judicial and extra judicial. Judicial
confessions are those made before a magistrate, or in court, in the due
course of legal proceedings; when made freely by the party, and with a full
and perfect knowledge of their nature and consequences, they are sufficient
to found a conviction. These confessions are such as are authorized by a
statute, as to take a preliminary examination in writing; or they are by
putting in the plea of guilty to an indictment. Extra judicial confessions
are those which are made by the part elsewhere than before a magistrate or
in open court. 1 Greenl. Ev. Sec. 216. See, generally, 3 Bouv. Inst. n.
3081-2.
|
CONFESSIONS AND AVOIDANCE
(bouvier) | CONFESSIONS AND AVOIDANCE, pleadings. Pleas in confession and avoidance are
those which admit the averments in the plaintiff Is declaration to be true,
and allege new facts which obviate and repel their legal effects.
2. These pleas are to be considered, first, with respect to their
division. Of pleas in confession and avoidance, some are distinguished (in
reference to their subject matter) as pleas in justification or excuse,
others as pleas in discharge. Com. Dig. Pleader, 3 M 12. The pleas of the
former class, show some justification or excuse of the matter charged in the
declaration; of the latter, some discharge or release of that matter. The
effect of the former, therefore, is to show that the plaintiff never had any
right of action, because the act charged was lawful; the effect of the
latter, to show that though he had once a right of action, it is discharged
or released by some matter subsequent. Of those in justification or excuse,
the plea of son assault demesne is an example; of those in discharge, a
release. This division applies to pleas only; for replications and other
subsequent pleadings in confession and avoidance, are not subject to such
Classification;
3. Secondly, they are to be considered in respect to their form. As to
their form, the reader is referred to Stephens on Pleading, 72, 79, where
forms are given. In common with all pleadings whatever, which do not tender
issue, they always conclude with a verification and prayer of judgment.
4. Thirdly, with respect to the quality of these pleadings, it is a
rule that every pleading by way of confession and avoidance must give color.
(q.v.) And see, generally, 1 Chit. Pl. 599; 2 Chit. Pl, 644; Co. Litt. 282,
b; Arch. Civ. Pl. 215; Dane's Ab. Index, ii. t.; 3 Bouv. Inst. n. 2921, 293
1.
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JUDICIAL CONFESSIONS
(bouvier) | JUDICIAL CONFESSIONS, criminal law. Those voluntarily made before a
magistrate, or in a court, in the due course of legal proceedings. A
preliminary examination, taken in writing, by a magistrate lawfully
authorized, pursuant to a statute, or the plea of guilty, made in open court
to an indictment, are sufficient to found a conviction upon them.
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