Maxim 8.7.18
Pleas [i.e., actions] are personal, real, and mixed.
Source: Co. Litt. 284; Weisman, 87l
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Pleas are classified as personal (affecting the person), real (affecting property), and mixed (affecting both) — the classification determines the procedure and form of the action.
Where this applies
- A wrongful-death lawsuit is a personal plea because it involves injury to a person, while a quiet-title action is a real plea because it involves rights to property.
- A tenant's eviction defense involves a mixed plea — it concerns both the tenant's personal right to occupy and the landlord's real property claim.
- A lawyer classifies her client's case as a real plea because it seeks recovery of a specific parcel of land, not money damages against a person.
Legal domains
Cite this maxim
NeCede Max. 8.7.18 — Pleas [i.e., actions] are personal, real, and mixed. — Co. Litt. 284; Weisman, 87l
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