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)

References in periodicals archive ?
The Iranians exhibited superior offensive and defensive skills in the win.
Senior midfielder Kristen Crowley is consistent, while senior back Lauren Shea has good defensive skills. Senior Abby Biron has been making big hits while learning the midfield position.
Summary: Andy Murray believes his Australian Open dream foundered on the defensive skills of Novak Djokovic.
0x20For his career with the Rangers he has hit for .283/.342/.459 to go with competent fielding in center and above average defensive skills at the corners.
In the end Aydin's supreme defensive skills and his higher accuracy convinced two of three judges to score the bout 114:113 in favour of Aydin; one judge had it 116:111 for Ion.
Yana overcame the defensive skills of France's Li Xue, the second highest world ranked player on duty, in seven games 1-11, 12-14, 15-13, 10- 12,11-8,12-10, 3-11 (4-3)
Youngster Gales has been the surprise packet for the B side as his classy defensive skills have proved too much for most of his more experienced opponents in the section.
Moseley's fly-half admitted one of his pack delighted in dissing his defensive skills without giving his harasser the oxygen of publicity.
"You had to see Mike from the early days to appreciate how far he came," Scioscia said of Piazza's defensive skills. "He made himself into a guy who could go out and catch."
"Armor Plated: The Encyclopedia of Defensive Skills for NHB and the Street" is a guide to protecting one's body in the event of being overwhelmed by an assault where the proverb 'the best defense is a good offense' is simply not plausible.
Jankovic, for all her elegant strokeplay and defensive skills, is not the heaviest hitter and her serve, while accurate, lacks any real penetration.
Despite Patrick Kisnorbo's defensive skills, Leicester became the latest side unable to halt the promotion charge of Paul Simpson's side.