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 ?
I belong to a nation whose history is largely characterized by our defenselessness and constant brutalization at the hands of those with greater power.
44) It gives them a sense of power and control over their bodies and sexual activities, so that they can distance themselves from the defenselessness and trauma in childhood.
Mehsandre's position as a widow with two unruly children, her defenselessness despite her wealth, helps to revive the knight in Stevens, for, as Queen of Jefferson, she retains the power to confer knighthood.
The lack of appropriate and effective systems for implementing specialized protection measures are related to the situation of defenselessness in which many human rights defenders find themselves, which has caused the death of many of them in recent years," stressed Santiago A.
Students wore empty holsters to - as the organization explained in a Tuesday news release citing the Oakland tragedy - "illustrate their defenselessness at the hands of college gun bans.
It shares with Daniel the strong commitment to faithfulness in the face of foreign pressure to compromise, but the latter advocates a defenselessness that can at times be a creative accommodation (cf.
These men, without losing their Self, which is Reality and the Universe--unlike the way most people understand it--, embrace phenomenal selflessness and defenselessness with full noumenal understanding and bursting innocence: they are "too close" to the torrents of the most unlikely visitation of kisses, "too close" to thunder in the heavy rain, "too close" to the Sun in elevation and peaking radiation, "too close" to the soil and dust in every heavenly intimation, "too close" to the nakedness of Nature in everything raw and full, "too close" to the chiseled understanding of certain winter-banished seeds and underground grains, "too close" to the Cornelian female breast of surreptitiously migrating strengths and silences.
Her children's cries echo those of the black boy's, and the defenselessness that characterizes the "little foe" earlier is repeated here in her inability to defend her own children from the same attacker.
An aura of crushing defenselessness, defeat and desperation radiates from Dunst's face.
If we had to delimit the face, Levinas, says, we would have to say that the face is nakedness itself, defenselessness itself, utter vulnerability, a "passivity more passive than the opposite of active.
In "Hagia Sophia" Merton describes his emergent awareness of the sophianic presence of God following his feeling of defenselessness upon awakening in a Louisville hospital.