Confession and avoidance

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(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.

See also: Confession

References in periodicals archive ?
What the lawyers call a confession and avoidance is necessary.(2) It is
First, the term confession and avoidance is a term used in private law, not criminal law.
Morris seems to postulate that claims of insanity are a matter of confession and avoidance. In fact, most courts have held for decades that insanity negates the culpability required for criminal conviction and thus have routinely held that the state must disprove insanity beyond a reasonable doubt.(3) Morris wants to claim that this is the correct view, yet he does not wish, for reasons that escape me, to recognize that an affirmative element of the state's case is the accused's blameworthiness or moral culpability.