Defense (legal)

Information about Defense (legal)

For other uses, see Defense.

In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal.

A defendant will often contest the accuracy of the allegations made against him or her in a criminal indictment or in a civil complaint. A defense, by contrast, does not depend on refuting such allegations. Instead, a defense introduces new matter, arguing that, even if the allegations against the defendant are true, the defendant is entitled to prevail for some other reason.

Criminal law defenses

In criminal law these defenses can be grouped into four categories:

With the exception of actual innocence and automatism, these defenses do not argue that the defendant did not commit an actus reus (Latin for "guilty act" but the term includes both acts and omissions) which broke the law; but rather, that the defendant should not be held culpable for what occurred.

Note that there is also defense against an attacker, see self defense and defense of others, defense of property.

Civil law defenses

In common law civil practice affirmative defenses are presented to limit or avoid liability, they are numerous and include:

Lack of personal or subject matter jurisdiction of the court
Failure to state a cause of action or other insufficiencies of pleading
Statute of limitations, statute of frauds, and other defenses conferred by statute

Defense against an attacker

Note that apart from this defense against prosecution and liability, there is also defense against an attacker, which can be a legal justification, see self defense and defense of others, defense of property.

Financial accounting

In financial accounting, a liability is defined as an obligation of an entity arising from past
..... Click the link for more information.

Criminal law
Part of the common law series
Elements of crimes
Actus reus · Causation · Concurrence
Mens rea · Intention (general)
Intention in English law · Recklessness
..... Click the link for more information.

This article or section may contain original research or unverified claims.

Please help Wikipedia by adding references. See the for details.
This article has been tagged since September 2007.

..... Click the link for more information.

s
Part of the common law series
See also Criminal law and procedure
Insanity · Mental disorder
Diminished responsibility
Intoxication · Infancy
Automatism
Consent · Mistake
Duress · Necessity
..... Click the link for more information.

In jurisprudence, procedural defenses are a form of defense, via which a party argues that they should not be held liable for a legal charge or claim brought against them. In common law jurisdictions the term has applications in both criminal law and civil law.
..... Click the link for more information.

Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defenses for having committed a criminal act. Being innovative, there is little or no precedent bearing upon them.
..... Click the link for more information.

Latin}}}
Official status
Official language of: Vatican City
Used for official purposes, but not spoken in everyday speech
Regulated by: Opus Fundatum Latinitas
Roman Catholic Church
Language codes
ISO 639-1: la
ISO 639-2: lat
..... Click the link for more information.

Criminal law in English law
Part of the common law series
Classes of crimes
Summary · Indictable
Hybrid offence · Regulatory offences
Lesser included offence
Elements of crimes
Actus reus · Causation
..... Click the link for more information.

LAW may refer to:

Lightweight Anti-tank Weapon, like the M72 LAW (US Army) and the LAW 80 (British Army)
Palestinian Society for the Protection of Human Rights (also known as LAW)
League of American Bicyclists, formerly known as the League of American Wheelmen

..... Click the link for more information.

Culpability descends from the Latin concept of fault (culpa), which is still found today in the phrase mea culpa (literally, "my fault"). The concept of culpability is intimately tied up with notions of agency, freedom and free will.
..... Click the link for more information.

worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.

s
Part of the common law series
See also Criminal law and procedure
Insanity · Mental disorder
Diminished responsibility
..... Click the link for more information.

Personal jurisdiction in United States law refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).
..... Click the link for more information.

In civil procedure, the subject-matter jurisdiction of a court determines the kinds of claims or disputes over which it has jurisdiction, or the power to render a decision.
..... Click the link for more information.

In the law, a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue. The phrase is also used to reference the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).
..... Click the link for more information.

highly specialized aspect of its associated subject.
Please help [ improve this article] by adding more general information.

In law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer.
..... Click the link for more information.

A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.
..... Click the link for more information.

Contract Law
Part of the common law series
Contract
Contract formation
Offer and acceptance · Mailbox rule
Mirror image rule · Invitation to treat
Firm offer · Consideration
Defenses against formation
..... Click the link for more information.