DEFENSE (LEGAL)

In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present 'defenses' (or 'defences') in order to avoid liability, civil or criminal.
A defendant will often contest the accuracy of the allegations made against him or her in a criminal indictment or in a civil complaint. A defense, by contrast, does not depend on refuting such allegations. Instead, a defense introduces new matter, arguing that, even if the allegations against the defendant are true, the defendant is entitled to prevail for some other reason.

Contents

Criminal law defenses

Civil law defenses

Defense against an attacker

See also

Criminal law defenses

In criminal law these defenses can be grouped into four categories:

★ Actual innocence;

★ Excuses and Justifications;

★ Procedural defenses, and the so-called

★ "Innovative defenses."
With the exception of actual innocence and automatism, these defenses do not argue that the defendant did not commit an ''actus reus'' (Latin for "guilty act" but the term includes both acts and omissions) which broke the law; but rather, that the defendant should not be held culpable for what occurred.
Note that there is also defense against an attacker, see self defense and defense of others, defense of property.

Civil law defenses

In common law civil practice affirmative defenses are presented to limit or avoid liability, they are numerous and include:

★ Lack of personal or subject matter jurisdiction of the court

★ Failure to state a cause of action or other insufficiencies of pleading

★ Statute of limitations, statute of frauds, and other defenses conferred by statute

Defense against an attacker

Note that apart from this defense against prosecution and liability, there is also defense against an attacker, which can be a legal justification, see self defense and defense of others, defense of property.

See also

★ Absolute defense (legal)