Defense (legal)
A defendant's legal argument to avoid liability or conviction.
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In a civil lawsuit or criminal case under common law or statute, a defendant can present a defense to try to avoid being held liable or convicted. This defense is offered to block the claim or charge brought against them, and it can rest on legal arguments or factual disputes. If the court accepts the defense, the defendant is fully cleared, not just partially excused.
The defense phase of a trial comes after the prosecution or plaintiff has finished presenting its case. The defense also includes opening and closing statements, as well as cross-examination during the earlier phase. Because the defendant raises the defense to prevent what would otherwise lead to liability, they usually bear the burden of proof. For instance, someone charged with assault might claim provocation, but must prove the plaintiff provoked them.
Common law defenses
Common law offers many defenses to limit or avoid liability. These include: lack of court jurisdiction (like diplomatic immunity, which is actually an argument that the case shouldn't be heard at all); failure to state a valid claim or other pleading flaws; affirmative defenses; statutory defenses such as statutes of limitations or the statute of frauds; the principle that no action arises from an illegal act (ex turpi causa non oritur actio); consent by the victim (volenti non fit injuria); equal fault by both sides (in pari delicto); an act of God (an unforeseeable natural event with no human cause); necessity (harm done to prevent a greater evil is not actionable, even if intentional); mistake of fact or law (which is not a defense); reasonable force to protect oneself or property (self-defense); and unclean hands. A defendant may also raise a justification defense, such as self-defense, defense of others, or defense of property. In English law, a contramandatum argued that the plaintiff had no valid complaint.
Strategies
In a homicide case, the defense might present evidence of the victim's character—such as a history of violence or threats—to support a self-defense claim or to encourage jury nullification, where a jury acquits a guilty defendant despite believing they committed a crime.
Costs
Litigation is costly and can last months or years. Defendants can pay for legal fees and costs with personal funds, legal defense funds, or legal financing companies. In the United Kingdom, legal aid may cover a defendant's fees.
Quick Facts
- Field
- Law
- Known for
- Legal arguments raised by a defendant to avoid liability or conviction
- Common law defenses
- Includes lack of jurisdiction
- statute of limitations
- self-defense
- necessity
- and others
Facts from the source article.
Lore & Background
In a civil or criminal proceeding, a defense is a response raised by the defendant to defeat a suit or action, aiming to avert liability or conviction. Defenses may be based on legal grounds or factual claims. A key characteristic is that if the court accepts the defense, the defendant is completely exonerated, not merely having their liability reduced.
The defense phase of a trial follows the prosecution’s case, after the prosecution rests; it also encompasses opening and closing arguments, as well as cross-examination during the prosecution’s presentation. Because a defense is a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the burden of proof. For instance, a defendant charged with assault who claims provocation must prove that the plaintiff provoked them.
Common law provides numerous defenses to limit or avoid liability. These include lack of court jurisdiction (e.g., diplomatic immunity), failure to state a cause of action, and affirmative defenses. Statutory defenses exist, such as statutes of limitations or the statute of frauds. Other defenses include ex turpi causa non oritur actio (the action arises from an illegality), volenti non fit injuria (consent by the victim), and in pari delicto (both sides equally at fault).
An act of God—an unforeseeable natural phenomenon with no human agency—is a defense. Necessity, where harm is done to prevent a greater evil, is not actionable even if intentional. Mistake of fact or law is generally no defense.
Reasonable force to protect person or property, including self-defense and defense of others, is permitted. Unclean hands is also a recognized defense. In homicide cases, the defense may present evidence of the victim’s violent character to support a self-defense claim or to encourage jury nullification. Litigation costs are substantial; defendants may pay with personal funds, legal defense funds, or legal financing companies, such as legal aid in the United Kingdom.
Reader's Guide
The concept of a legal defense is central to adversarial proceedings, allowing a defendant to contest liability or conviction on factual or legal grounds. Common law provides numerous defenses, such as lack of jurisdiction, statute of limitations, self-defense, necessity, and consent. The defendant typically holds the burden of proof for affirmative defenses.
In homicide cases, a defense strategy may involve presenting evidence of the victim's character to support a claim of self-defense or to encourage jury nullification. Litigation costs can be covered by the defendant's own money, legal defense funds, or legal financing companies. The acceptance of a defense by the court results in full exoneration, not merely mitigation of liability.
More in Criminal Law & Procedure
Sources
Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.
- Wikipedia: Defense (legal) (CC BY-SA 4.0).
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