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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 classic literature ?
Don Quixote was standing by at the time, highly pleased to see his squire's stoutness, both offensive and defensive, and from that time forth he reckoned him a man of mettle, and in his heart resolved to dub him a knight on the first opportunity that presented itself, feeling sure that the order of chivalry would be fittingly bestowed upon him.
Yet were they as often engaged in wars, offensive and defensive, as the neighboring monarchies of the same times.
From these considerations it appears that those gentlemen are greatly mistaken who suppose that alliances offensive and defensive might be formed between these confederacies, and would produce that combination and union of wills of arms and of resources, which would be necessary to put and keep them in a formidable state of defense against foreign enemies.
Relying too much on the offensive weapons of their acute angles instead of the defensive organs of good sense and seasonable simulation, these reckless creatures too often neglect the prescribed construction of the women's apartments, or irritate their wives by ill-advised expressions out of doors, which they refuse immediately to retract.
The Museum of the Faculty of Medicine of Paris possesses one of these defensive weapons, two yards and a quarter in length, and fifteen inches in diameter at the base.
It was a large cabinet, close and stifling, with the walls furnished with arms offensive and defensive, and in which there was already a fire, although it was scarcely the end of the month of September.
Security against defeat implies defensive tactics; ability to defeat the enemy means taking the offensive.
But though thus unoffending in their policy, they are called upon continually to wage defensive warfare; especially with the Blackfeet; with whom, in the course of their hunting expeditions, they come in frequent collision and have desperate battles.
Athos, as if in opposition to what Monk had done, unfastened his poniard, which he placed upon the table; unhooked his sword-belt, which he laid close to his poniard; and, without affectation, opening his doublet as if to look for his handkerchief, showed beneath his fine cambric shirt his naked breast, without weapons either offensive or defensive.
A more complete article of defensive armor was a buff jerkin or shirt of great thickness, made of doublings of elk skin, and reaching to the feet, holes being left for the head and arms.
I should never have dreamed that I was on the defensive, or that I had to justify myself; but if your people will have it so, I will do my best.
This immediately put her on the defensive, and with one of those sudden impulses of reprisal to which she was liable she gave him a little push from her.