defense

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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.

A frivolous defense is one that entails a vacuous assertion, which is not supported by argument or evidence. The rules of federal procedure provide that on motion such defense may be ordered stricken from the pleadings.

A meritorious defense is one that involves the essence or substance of the case, as distinguished from technical objections or delaying tactics.

With respect to a criminal charge, defenses such as alibi, consent, duress, Entrapment, ignorance or mistake, infancy, insanity, intoxication, and Self-Defense can result in a party's acquittal.

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: affirmative defense)

defense

noun confutation, counterargument, justification, parry, preservation, protection, rebuttal, resistance against attack, support, warding off
Associated concepts: affirmative defense, alibi defense, annicipating a defense, assist in his own defense, coercion as a defense, complete defense, defense of a third person, deeense of action, defense of estoppel, defense of insanity, defense on the merits, defensive pleading, equitable deeense, 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 reeellere licit. modo fiat moderamine inculpatae tutelae, non ad sumendam vindictam, sed ad propulsandam innuriam. 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 injury.
See also: advocacy, alibi, ammunition, answer, argument, assistance, basis, behalf, bulwark, compurgation, counterargument, excuse, explanation, justification, panoply, plea, pleading, preservation, pretext, protection, reason, rejoinder, safeguard, safekeeping, safety, salvo, security, shelter, shield, support, ward
References in periodicals archive ?
All the Flyers' scoring came courtesy of right wing Mike Knuble, known more for his defensive skills.
Varitek will turn 35 next month, and Mirabelli is 36, and while both seem to have retained their defensive skills, Boston has come to expect little from either in the way of offensive production.
Despite Patrick Kisnorbo's defensive skills, Leicester became the latest side unable to halt the promotion charge of Paul Simpson's side.
Chapters describe the techniques, skills and drills used by professional tennis players in their training sessions, as well as strategies for raising power, control, and defensive skills, recommended exercises, and solid tennis strategies, such as faking a net approach to throw off the opponent or using a "shuffle step" to reach tennis balls nearby.
They may also choose to incorporate an offensive approach with one group of players while working on specific defensive skills with another.
While it is utterly required that one strive for and attain defensive skills with his or her arms, at times it is best to take up a solid defensive position and call in reinforcements.
During spring training, 19-year-old Desmond caused such excitement with his sharp defensive skills that Nationals general manager Jim Bowden crowed to the Washington Post, "He reminds me of Derek Jeter, except those were Ian Desmond plays, not Derek Jeter plays.
Building defensive skills is like building a house.
I am afraid we have never had the players together long enough to work on any subtleties, so we have concentrated on the basics, like developing handling and defensive skills.
By halime neither side had dominated, but Edgbaston distinguished with impressive defensive skills.
450 and excellent defensive skills, she was a top female player of her era.
Molina said her power, defensive skills and motivation will be her contribution to the team that will also be bolstered with seven foreign players in the Oct.