Written by attorneys · grounded in primary & secondary sources — see below
An abbreviation used in common-law pleading to signify that the defendant puts himself upon the country. The phrase elects trial by jury on the issue joined.
Sources & Authorities· 7 primary sources
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Cases
Restatements
How it applies
Common Examples
6
Nominal Damages in Slander Suit
After Preston Pratt published a false statement accusing Portia Price of a crime, she sued for slander. At pleading, Pratt entered po. se to place the question of liability before the jury. The jury heard the evidence and returned a verdict for the plaintiff.
Total Regulatory Taking Claim
Patrick Phan bought coastal land later subjected to a regulation barring all development. Phan pleaded po. se to have the jury decide whether the rule left any economically beneficial use. The jury weighed the evidence and returned a verdict for the plaintiff.
Special Harm from Libel
Phuong Pham published a defamatory article about Phoebe Park that caused her to lose a specific contract. Park sued and Pham responded with po. se. The jury heard the evidence of harm and returned a verdict for the plaintiff.
Pearl Porter owned property subject to a one-year building moratorium while the city planned new zoning. She pleaded po. se so the jury could weigh all circumstances. The jury considered the evidence and returned a verdict for the defendant.
Law Firm Concurrent Representation
Platinum Partners sued a client in one matter while another office represented the same client in an unrelated transaction. The client moved to disqualify. The firm pleaded po. se to submit the conflict question to the jury, which heard the evidence and returned a verdict.
Judge Campaign Manager Disqualification
Peak Performance sued a party whose lawyer had served as the presiding judge's campaign treasurer. The plaintiff pleaded po. se to let the jury decide impartiality. The jury heard the evidence and returned a verdict for the plaintiff.
Common questions
Frequently Asked
2
What does the abbreviation po. se. signify in historical pleading?+
It signifies that the defendant puts himself upon the country, electing trial by jury rather than by the court.
Supporting sources
How does po. se. differ from a demurrer?+
A demurrer challenges the legal sufficiency of the pleading and is decided by the court. Po. se. joins issue on the facts and sends the case to the jury.
Supporting sources
539 U.S. 558 (2003)Constitutional Law
…confirms that the sodomy statute is directed toward homosexuals as a class. In Texas, calling a person a homosexual is slander per se because the word "homosexual" "impute[s] the commission of a crime." Plumley v. Landmark Chevrolet, Inc. , 122 F. 3d 308, 310 (CA5 1997) (applying Texas law); see also Head v. Newton ,…