defense


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Related to defense: Department of Defense, Defense mechanisms

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 classic literature ?
Of offense, I hope there is none, to either party: of defense, I make none--by God's good mercy, having committed no palpable sin since last entreating his pardoning grace.
Whereas, fail- ing in her first duty, she hath by that failure failed in all; for whoso, clinging to a rope, severeth it above his hands, must fall; it being no defense to claim that the rest of the rope is sound, neither any deliverance from his peril, as he shall find.
These armies being, in the first case, rarely, if at all, called into activity for interior defense, the people are in no danger of being broken to military subordination.
It can apply the resources and power of the whole to the defense of any particular part, and that more easily and expeditiously than State governments or separate confederacies can possibly do, for want of concert and unity of system.
The attempt has awakened fully the public attention to that important subject; and has led to investigations which must terminate in a thorough and universal conviction, not only that the constitution has provided the most effectual guards against danger from that quarter, but that nothing short of a Constitution fully adequate to the national defense and the preservation of the Union, can save America from as many standing armies as it may be split into States or Confederacies, and from such a progressive augmentation, of these establishments in each, as will render them as burdensome to the properties and ominous to the liberties of the people, as any establishment that can become necessary, under a united and efficient government, must be tolerable to the former and safe to the latter.
The training of myself and the young Martians was conducted solely by the women, who not only attend to the education of the young in the arts of individual defense and offense, but are also the artisans who produce every manufactured article wrought by the green Martians.
The general who is skilled in defense hides in the most secret recesses of the earth; he who is skilled in attack flashes forth from the topmost heights of heaven.
he murmured proudly and turning his eyes to the benches where they had appeared for a moment; "they would have seen that their friend was worthy of their defense while alive, and of their tears when dead.
They were one of the few families then resident in the colonies who thought it a degradation to its members to descend to the pursuits of commerce; and who never emerged from the privacy of domestic life unless to preside in the councils of the colony or to bear arms in her defense.
The Judge left the Court, looking deeply disgusted: But the Snark, though a little aghast, As the lawyer to whom the defense was entrusted, Went bellowing on to the last.
Alarmed at rumors of this impending danger, the Astorians suspended their regular labor, and set to work, with all haste, to throw up temporary works for refuge and defense.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

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