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 ?
As in the "2 Press," both the "Tight Wing" (TW3) and the "Wide Wing" (WW2) discourage passes to the middle of the defense and force the dribble down their particular sideline.
Generally, in the insurance defense arena, courts have decided that communications between a policyholder and its attorney connected with the defense of an underlying litigation are normally not privileged vis-a-vis the insured's carriers.
Gabriel Ghercioiu, Advisor to the Secretary of State from the Romania Ministry of National Defense, Department for Defense Policy and Ms.
But even with prosecutors' opposition and judges' increasing reluctance to allow it, the gay panic defense is still being introduced in cases throughout the country, says Georgia prosecutor Howard.
Our analysis begins with a summary of the defense industry.
It is more than a little apparent that the changes taking place in Japan's defense capability have been in the planning for quite a while.
In those, the team with the great defense won three times - Pittsburgh beating Dallas in 1979 even though the game was a 35-31 slugfest, San Francisco beating Miami in 1985 and the New York Giants beating Buffalo in 1991 - and the one with the great offense won once, San Francisco beating Denver in 1990 by the record margin of 55-10.
These computer resources at the ARC provide a multiple test bed environment to support the research and development activities within the Missile Defense Agency and military services.
When Bill Clinton became president, he quickly shelved a failing missile defense program in favor of theatre missile defense, a portable system that can pick off short-range missiles in flight.
A fantasy of Republicans since Ronald Reagan first proposed it, a national missile defense system may sound good at first--who could be against protecting the United States from nuclear attack?

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