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Defense (legal)

Index Defense (legal)

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability. [1]

34 relations: Absolute defence, Affirmative defense, Allegation, Assault, Atturnato faciendo vel recipiendo, Battery (crime), Burden of proof (law), Cause of action, Civil law (common law), Clean hands, Common law, Consent, Cross-examination, Defence of property, Defendant, Diplomatic immunity, Ex turpi causa non oritur actio, In pari delicto, Justification (jurisprudence), Lawsuit, Legal defense fund, Legal financing, Legal liability, Personal jurisdiction, Pleading, Prosecutor, Provocation (legal), Right of self-defense, Self-defense, Statute of frauds, Statute of limitations, Subject-matter jurisdiction, Trial, Volenti non fit injuria.

Absolute defence

In law, an absolute defence is a factual circumstance or argument that, if proven, will end the litigation in favor of the defendant.

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Affirmative defense

An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.

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Allegation

In law, an allegation (also called adduction) is a claim of a fact by a party in a pleading, charge, or defense.

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Assault

An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action.

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Atturnato faciendo vel recipiendo

Atturnato faciendo vel recipiendo is an old writ which an individual owing suit to a county, hundred, or other court, and desiring to make an attorney appear for him there, whom he doubts the sheriff or steward will not otherwise admit, purchases to command him to receive such attorney, and admit his appearance by him.

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Battery (crime)

Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact.

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Burden of proof (law)

The burden of proof (onus probandi) is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party.

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Cause of action

A cause of action, in law, is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.

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Civil law (common law)

Civil law is a branch of the law.

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Clean hands

Clean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Consent

In common speech, consent occurs when one person voluntarily agrees to the proposal or desires of another.

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Cross-examination

In law, cross-examination is the interrogation of a witness called by one's opponent.

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Defence of property

The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property.

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Defendant

A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case.

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Diplomatic immunity

Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, but they can still be expelled.

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Ex turpi causa non oritur actio

Ex turpi causa non oritur actio (Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.

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In pari delicto

In pari delicto (potior/melior est conditio possidentis), Latin for "in equal fault (better is the condition of the possessor)", is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort.

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Justification (jurisprudence)

Justification is a defense in a criminal case, by which a defendant who committed the crime as defined, claims he did no wrong, because committing the crime advanced some social interest or vindicated a right of such importance that it outweighs the wrongfulness of the crime.

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Lawsuit

A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." A lawsuit is any proceeding by a party or parties against another in a court of law.

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Legal defense fund

In the United States, a legal defense fund (or LDF) is an account set up to pay for legal expenses, which can include attorneys' fees, court filings, litigation costs, legal advice, or other legal fees.

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Legal financing

Legal financing (also known as litigation financing, professional funding, settlement funding, third-party funding, legal funding, lawsuit loans and, in England and Wales, litigation funding) is the mechanism or process through which litigants (and even law firms) can finance their litigation or other legal costs through a third party funding company.

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Legal liability

In law, liable means "esponsible or answerable in law; legally obligated." Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies.

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Personal jurisdiction

Personal jurisdiction is a court's jurisdiction over the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law and facts involved in the suit.

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Pleading

In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action.

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Prosecutor

A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system.

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Provocation (legal)

Provocation is a set of events that might be adequate to cause a reasonable person to lose self control, whereby a criminal act is less morally culpable than a premeditated act done out of pure malice (malice aforethought).

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Right of self-defense

The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable force or defensive force, for the purpose of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force.

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Self-defense

Self-defence (self-defense in some varieties of English) is a countermeasure that involves defending the health and well-being of oneself from harm.

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Statute of frauds

The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a writing, signed by the party to be charged, with sufficient content to evidence the contract.

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Statute of limitations

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.

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Subject-matter jurisdiction

Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.

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Trial

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes.

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Volenti non fit injuria

Volenti non fit iniuria (or injuria) (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict.

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Defence (law), Defence (legal), Defence counsel, Defense (law), Defense counsel, Legal Defense, Legal defence, Legal defense, Legal representation, Legal respresentation.

References

[1] https://en.wikipedia.org/wiki/Defense_(legal)

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