Confession and avoidance

Confession and avoidance
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]


The Collaborative International Dictionary of English. 2000.

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  • confession and avoidance — n: a common law plea in which a party confesses an allegation but alleges additional facts to avoid the intended legal effect of the original allegation compare demurrer Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Confession and avoidance — Confession and avoidance, in pleading, the plea admitting that facts alleged in a declaration are true, but showing new facts by which it is hoped to destroy the effect of the allegations admitted. A plea in confession and avoidance neither… …   Wikipedia

  • confession and avoidance — A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the complaint or declaration, either expressly or by implication, but then proceeds to allege new matter which tends to deprive the facts… …   Black's law dictionary

  • confession and avoidance — A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the complaint or declaration, either expressly or by implication, but then proceeds to allege new matter which tends to deprive the facts… …   Black's law dictionary

  • confession and avoidance — See plea in confession and avoidance …   Ballentine's law dictionary

  • confession and avoidance — noun : an admission of or failure to deny an allegation coupled with the allegation of new matter that avoids or nullifies the effect of the original allegation used in legal pleas …   Useful english dictionary

  • plea in confession and avoidance — A plea which admits the cause of action alleged by the plaintiff, to the extent at least of giving color to the matter, and sets up other matter in avoidance of the same. 41 Am J1st Pl § 158 …   Ballentine's law dictionary

  • plea in confession and avoidance — a plea admitting that the plaintiff once had a good cause of action as alleged but that it is barred by some subsequent or collateral matter pleaded in defense (as a repeal of the statute on which the cause of action is founded) …   Useful english dictionary

  • confession — con·fes·sion n 1: an act of confessing 2: an acknowledgment of a fact or allegation as true or proven; esp: a written or oral statement by an accused party acknowledging the party s guilt (as by admitting commission of a crime) compare admission; …   Law dictionary

  • avoidance — I (cancellation) noun abrogation, annulling, annulment, cancelling, cessation, discontinuation, dismissal, invalidation, making useless, nullifying, quashing, removal, rendering void, rescission, setting aside, vacating, vacation, voidance… …   Law dictionary

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