The spelling of the phrase "common pleas" might seem straightforward, but it can trip up even experienced writers. The key is to understand the pronunciation, which is represented by the IPA phonetic transcription /ˈkɑmən pliz/. The stress falls on the first syllable of "common," and the "pl" sound is pronounced like "pleeze." In legal contexts, a common pleas court handles civil and criminal cases of general jurisdiction. So, whether you're writing a legal brief or just using the phrase in casual conversation, be sure to get the spelling right!
Common pleas is a legal term originating in the medieval English legal system which encompasses multiple definitions. Primarily, it refers to a court system established in England in the 12th century as a lower court of general jurisdiction, dealing with civil cases that did not fall under the exclusive jurisdiction of the higher courts, such as the Court of King's Bench or Court of Exchequer. Common pleas courts heard a wide range of civil matters including land disputes, contracts, debt, and personal injury cases.
The term "common pleas" can also refer to a specific type of legal action or claim. It is often used to describe a civil lawsuit brought before a court seeking compensation or resolution for a wrong done, commonly known as a "common law" claim. The term distinguishes such claims from those based on statutory law.
Furthermore, "common pleas" can refer to a specific court division or a judge in the United States. Some states, such as Pennsylvania and Ohio, still have courts officially called "Common Pleas Court" or "Court of Common Pleas." These courts typically have general jurisdiction over civil cases and may also handle some criminal cases.
Overall, "common pleas" represents a legal framework, court system, or type of legal claim connected to civil matters, either historically in England or in present-day court systems.
One of the high courts of law held in Westminster Hall.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The term "common pleas" originates from medieval England and is related to the English legal system. The word "common" stems from Latin "communis", meaning "shared" or "belonging to all". "Pleas" derives from the Latin "placitum", meaning "pleading" or "lawsuit". In the context of the legal system, "pleas" refers to legal disputes or claims presented before a court.
The combination of "common" and "pleas" refers to cases that were brought before the royal courts or justices, which were open to all individuals and dealt with matters concerning land, property, and civil rights. The Court of Common Pleas, established in the 13th century, was one of the superior courts in England and heard a wide range of civil cases.