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 ?
Next come the 15-letter defenselessness, in which the single vowel E occurs five times, and the 13-letter senselessness, with four E's.
Pawly's juxtaposition of Arabella's defenselessness in her encounters with the rake Sir George with Don Quixote's difficulties in his dealings with the Duke and Duchess demonstrates the troublesome nature of duplicity that arises in such complex narratives when "the Quixote's privilege of creating his or her own visions" is usurped by characters who do not share the affective sentiments of the Quixote's worldview (170).
On the other hand, freshwater drum (sheepshead) make a poor snack, despite the drum's fine white flesh and relative defenselessness.
Rabbi Loew's incantations brought to life the Golem of Prague's ghetto, a mythical image that reflects a mind conditioned by massive oppression and defenselessness, a need to believe that there could be a way to protect the innocent against the terror that encircled them in their ghetto.
Bullying behaviors create feelings of defenselessness in the victim and significantly demoralize his or her right to dignity in the workplace (Department of Labor and Industries, 2006; Longo & Sherman, 2007).
Joseph stresses his defenselessness when he invites them to come to me [elai].
In this example (a complex compounding that in fact elicits a plural verb form), (7) neither of the two adjectives alone (a "prone" dialect, a "speechless" dialect) really fits as a descriptive; nor is "speechless" subordinate to "prone;" but together they form a more complex idea of mute, eye-lash fluttering, eloquent female defenselessness that communicates in an effective way and will cause the Duke (or rather his deputy, Angelo) to save Isabella's brother from an overly harsh punishment.
The defenselessness one feels before the world's largest amasser of weapons, the horror of watching your fellow-oppressed in the neighboring Caribbean states pilot the Americans to your door and help them destroy you, are effectively conveyed in these poems.
Otherwise, the individual suffers for his weaknesses, stupidity or defenselessness. This philosophy is, according to Yerby, "a new theory of law: the guilt of the victim.
She said the fact she had to address the group through a recording was "the clearest evidence of the defenselessness of the Cuban people with respect to the state." Sanchez was given the Ortega y Gasset Prize in digital journalism for her a year-old blog, "Generation Y," which gets more than 1 million hits a month, mostly from abroad.
16, 1959, the top court ruled that the Constitution did not call for defenselessness and nonresistance and did not prohibit provision of security by a foreign country, and that the judiciary should not pass judgment on the Japan-U.S.
1985) ("inviting the jury to imagine the victim's final pain, terror, and defenselessness" has long been prohibited in Florida).