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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Freud coined the concept of defense mechanisms in 1926 for the first time (Freud, 1905/1953) and his daughter Anna Freud improved the concept later on.
4.) IP level defense mechanism: IP-Level DDoS attacks are used as countermeasure for defense mechanisms.
In Section 3, we describe the outline of the proposed two-stage DDoS defense mechanism. In Section 4, we investigate whitelist-based admission control scheme, as the first stage of the proposed defense mechanism.
The solution has a three-tier management architecture that can scale to manage up to one thousand ipEnforcer Intrusion Prevention Firewalls that integrate multiple firewall defense mechanisms (e.g., firewall, intrusion detection/prevention, URL filtering, VPN, antivirus) across multiple enterprise locations simultaneously.
Moving past the experience of the disability and the stress involved, the impact it can have on the person's physical and psychological defense mechanisms is profound.
Univariate analysis showed statistically significant differences between abused children and controls in their use of a range of defense mechanisms, including regression, denial, projection, reaction formation, introjection, sublimation, and repression.
(5) Antimicrobial medications are likewise ineffective because of poor penetration, the slow metabolic rate of the biofilm cells, and specific genetriggered enhancements of defense mechanisms (e.g., multidrug resistance pumps).
His main research interest is susceptibility to infection in HIV-infected adults and the role of pulmonary defense mechanisms.
Noticeably absent from the plethora of White racial identity studies, however, is an empirical examination of the psychological defense mechanisms erected by Whites to manage the anxiety related to confronting their Whiteness.
Infants are particularly vulnerable since their heads are larger in proportion to their bodies and their automatic defense mechanisms are still developing.
On an everyday level, though, people cope by developing thousands of little superstitions, compulsions, and defense mechanisms to protect themselves from the unexpected.

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