LAW

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KembaraXtra – Legal Terms – Pleading in the Alternative


Pleading in the alternative is the practice of presenting different or inconsistent legal arguments within the same case.


A party may ask the court to grant relief based on whichever allegation is ultimately proven.


The practice is common in civil litigation.


Alternative pleadings must still comply with procedural rules and truth requirements.


This approach allows flexibility where facts or legal interpretations are uncertain.
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KembaraXtra – Legal Terms – Plight and Condition
Plight and condition refers to the physical state or appearance of a will.
Questions may arise if the will appears damaged, altered, torn, burned, or attached to another document.
In such cases, the court may require an affidavit of plight and condition before issuing a grant of representation.
The affidavit is provided by someone with knowledge of the will’s condition when discovered or executed.
Its purpose is to explain whether any apparent alteration or damage affects the validity of the will.

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KembaraXtra – Legal Terms – Plene Administravit
Plene administravit is a Latin term meaning “he has fully administered.”
It is a defence available to a personal representative in probate proceedings.
The defence is used where the representative has completely distributed the estate without knowledge of a creditor’s claim.
If successful, the creditor may only enforce judgment against any estate assets later received by the representative.
The doctrine protects honest personal representatives who administered the estate properly and in good faith.

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KembaraXtra – Legal Terms – Plebiscite


A plebiscite is a public vote or referendum used to determine political or territorial questions.


It may be used to decide sovereignty, independence, or territorial transfer.


Plebiscites have historically been used in international boundary disputes.


The process allows the population of a territory to express political preference directly.


Examples occurred under the Treaty of Versailles following the First World War.
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KembaraXtra – Legal Terms – Pleading Guilty by Post
Pleading guilty by post is a procedure allowing defendants to plead guilty to certain minor offences without attending court personally.
The procedure mainly applies to minor summary offences.
The defendant submits the guilty plea through written correspondence.
This process is designed to simplify proceedings and reduce unnecessary attendance.
The relevant procedure is governed by the Criminal Justice Act 2003.

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KembaraXtra – Legal Terms – Pleas in Bar
Pleas in bar are special pleas raised in criminal proceedings to prevent a trial from continuing.
They rely on legal grounds showing why the accused should not be tried again.
Examples include autrefois acquit, autrefois convict, and pardon.
Such pleas protect individuals from unfair repeated prosecutions.
They are sometimes referred to as peremptory pleas.

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KembaraXtra – Legal Terms – Plead
To plead means to formally state a plea or legal response in court proceedings.
In criminal law, it refers to answering a criminal charge.
In civil proceedings, it may refer to presenting allegations or defences in statements of case.
Pleading forms an essential stage in litigation procedure.
The term is commonly used by courts, lawyers, and legal practitioners.

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KembaraXtra – Legal Terms – Pleading


Pleading refers informally to the written statements used in civil proceedings.


Examples include the claim form, defence, and other statements of case.


Pleadings define the issues in dispute between the parties.


Although the term has no formal status under the Civil Procedure Rules, it remains widely used.


Clear pleadings are important to ensure fairness and efficient case management.
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KembaraXtra – Legal Terms – Par In Parem Non Habet Imperium
Par in parem non habet imperium is a Latin principle meaning “equals do not have authority over one another.”
In international law, it means that one sovereign state cannot exercise jurisdiction over another sovereign state.
The principle forms the basis of doctrines such as sovereign immunity.
It also underlies the act of state doctrine.
The rule reflects the equality and independence of sovereign states in international law.

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KembaraXtra – Legal Terms – Parlementaire
A parlementaire is an agent sent by a military commander to communicate or negotiate with an enemy force.
The term originates from the French word parlementer, meaning “to discuss terms” or “to parley.”
A parlementaire usually enters enemy territory openly and under recognized protection.
The role is commonly associated with negotiations concerning truces, surrender, or other wartime communications.
International law traditionally recognizes and protects parlementaires engaged in legitimate negotiations.

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