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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 ?
The school has modern equipment for practical classroom driving lessons, and latest vehicles to train trainees on the roads, and seeing and feeling all those pieces of equipment, the media was grateful to Don Bosco Defensive Driving School for the opportunity, and promised to intensify their war against irresponsible driving and misconduct by pedestrians and passengers.
In his first season after the New York Giants gave Vernon a five-year, $85 million contract, the defensive end recorded 8.5 sacks while putting constant pressure on opposing quarterbacks.
A back-wall shot taken in one of the side lane's defensive zones and very close to a side wall should be hit across the court so it angles from the front into the side wall farthest from your position (Figures 7 and 8).
Herman Edwards, head coach at Arizona State, was defensive backs coach at San Jose State from 1987 to 1989.
During the colony observations, the defensive behaviour of the colonies was recorded by observing the number of honeybees attacking/stinging the researcher's gloves and overall within one (01) minute of disturbance (hitting the hive lid with a hive tool three times and removing the top cover for KTB and Langstroth and opening one side of the hive in case of local or Johnson hives) [21, 22].
Under this approach, the present work has as its first aim the adoption of a person-centered approach to identify different profiles that combine defensive pessimism and self-esteem, an unpublished issue to date.
He was among MLB leaders for defensive runs saved (10) at his position, with Rizzo having a DRS of 10 and Votto with a league-leading 11.
The Basic - CCW 101 class is a prerequisite for the Defensive Pistol Course.
Hunter Kampmoyer, Wayne Kirby and Bryson Young are the other defensive linemen in the 2016 recruiting class.
Minister also stated that combating terrorism has emerged as a defensive priority across the world.
TEHRAN (FNA)- Liverpool were unable to break through the Blues' massed defensive ranks and Demba Ba and Willian capitalised on errors to give Jose Mourinho a famous win.
The work-up of chest pain in this patient can be considered defensive