- defense
-
de·fense /di-'fens, 'dē-ˌfens/ n1: the act or action of defending see also self-defense2 a: the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment); also: the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent; contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitationsabsolute defense: complete defense in this entryaf·fir·ma·tive defense: a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable◇ The defendant bears the burden of proof as to affirmative defenses.choice of evils defense: a defense to a criminal charge based on the assertion that the criminal act was committed to avoid the commission of an even greater evil – called also lesser evils defense;◇ In jurisdictions that recognize the choice of evils defense, it encompasses both of the older defenses of duress and necessity.complete defense: a defense that shields the defendant from any liability and bars any recovery by the plaintiff compare partial defense in this entrylesser evils defense: choice of evils defense in this entrymeritorious defense: a defense that is based on evidence sufficient to warrant setting aside a default judgment against the defendant in civil litigationpartial defense: a defense by which the defendant reduces the amount of damages of which he or she is liable compare complete defense in this entryb: a basis upon which an obligor of a negotiable instrument may avoid liability under the instrumentpersonal defense: a defense of an obligor under a negotiable instrument that can be asserted against anyone but a holder in due coursereal defense: a defense of an obligor of a negotiable instrument that may be asserted even against a holder in due course◇ Section 3-305(a)(1) of the Uniform Commercial Code sets out the real defenses as infancy, duress, lack of legal capacity, illegality of the transaction, fraud in the factum, and discharge of the obligor by a bankruptcy court. By exclusion, all other defenses are personal defenses.3: the defending side in a legal proceedingthe defense rests compare prosecution
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- defense
-
I
noun
confutation, counterargument, espousal, justification, parry, preservation, protection, rebuttal, resistance against attack, support, warding off
associated concepts: affirmative defense, alibi defense, anticipating a defense, assist in his own defense, coercion as a defense, complete defense, defense of a third person, defense of action, defense of estoppel, defense of insanity, defense on the merits, defensive pleading, equitable defense, frivolous defense, ground of defense, incomplete defense, inconsistent defenses, legal defenses, meritorious defense, motion to strike defense, negative defense, new defense, partial defense, personal defense, self-defense, sham defense, special defense
foreign phrases:
- Peccatum peccato addit qui culpae quam facit patrocinium defensionis adjungit. — He adds one offense to another who connects a wrong which he has committed with his defense- Vani timoris justa excusatio non est. — A frivolous fear is not a lawful excuse- Nemo prohibetur pluribus defensionibus uti. — No one is prohibited from making use of several defenses- Impotentia excusat legem. — Performing a legal duty excuses from the performance- Quodcunque aliquis ob tutelam corporis sui fecerit, jure id fecisse videtur. — Whatever any one does in defense of his person, that he is deemed to have done legally- Vim vi repellere licit, modo fiat moderamine inculpatae tutelae, non ad sumendam vindictam, sed ad propulsandam infuriam. — It is lawful to repel force by force, provided it be done with the moderation of blameless defense, not for the purpose of taking revenge, but to repel injuryII index advocacy, alibi, ammunition, answer (judicial response), argument (pleading), behalf, bulwark, compurgation, counterargument, excuse, explanation, justification, panoply, plea, pleading, preservation, pretext, protection, reason (basis), rejoinder, safeguard, safekeeping, salvo, security (safety), shelter (protection), shield, support (assistance), ward
Burton's Legal Thesaurus. William C. Burton. 2006
- defense
-
n.A response, reason, or allegation offered by a defendant to a lawsuit as to why the plaintiff has not established a claim and should not receive relief; a denial of the plaintiff’s claims or an attack on the validity of the plaintiff’s causes of action. See also affirmative defense
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
- defense
-
1) A general term for the effort of an attorney representing a defendant during trial and in pretrial maneuvers to defeat the party suing or the prosecution in a criminal case.2) A response to a complaint, called an affirmative defense, to counter, defeat, or remove all or a part of the contentions of the plaintiff.Category: Accidents & InjuriesCategory: Criminal LawCategory: Representing Yourself in CourtCategory: Small Claims CourtCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- defense
-
n. Collectively, the attorneys representing a defendant and any laypeople assisting them in their efforts, particularly in a criminal trial. In litigation, generally a factual denial or an assertion of facts or law that counters or negates a claim made by the other party.See also self defense.@ affirmative defenseA statement of fact in a responsive pleading that, if true, has the effect of canceling or rendering ineffective a claim of the other party. For example, the truth of an allegedly defamatory statement is an affirmative defense.=>> defense.@ equitable defenseA defense derived from those historically used in courts of equity, such as mutual mistake.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- defense
-
The forcible repulsion of an unlawful and violent attack, such as the defense of one's person, property, or country in time of war.The totality of the facts, law, and contentions presented by the party against whom a civil action or criminal prosecution is instituted in order to defeat or diminish the plaintiff's cause of action or the prosecutor's case. A reply to the claims of the other party, which asserts reasons why the claims should be disallowed. The defense may involve an absolute denial of the other party's factual allegations or may entail an affirmative defense, which sets forth completely new factual allegations.Pursuant to the rules of federal civil procedure, numerous defenses may be asserted by motion as well as by answer, while other defenses must be pleaded affirmatively.
Dictionary from West's Encyclopedia of American Law. 2005.
- defense
-
The forcible repulsion of an unlawful and violent attack, such as the defense of one's person, property, or country in time of war.The totality of the facts, law, and contentions presented by the party against whom a civil action or ciminal prosecution is instituted in order to defeat or diminish the plaintiff's cause of action or the prosecutor's case. A reply to the claims of the other party, which asserts reasons why the claims should be disallowed. The defense may involve an absolute denial of the other party's factual allegations or may entail an affirmative defense, which sets forth completely new factual allegations.Pursuant to the rules of federal civil procedure, numerous defenses may be asserted by motion as well as by answer, while other defenses must be pleaded affirmatively.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
- defense
-
n.1) a general term for the effort of an attorney representing a defendant during trial and in pre-trial maneuvers to defeat the party suing or the prosecution in a criminal case.2) a response to a complaint, called an affirmative defense, to counter, defeat or remove all or a part of the contentions of the plaintiff.See also: affirmative defense
Law dictionary. EdwART. 2013.
