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LSDefine

Simple English definitions for legal terms

capacity defense

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A quick definition of capacity defense:

Capacity defense is a type of defense used by a defendant in a legal case. It is based on the defendant's inability to be held accountable for an illegal act or the plaintiff's inability to prosecute a lawsuit. For example, if the plaintiff is a corporation that has lost its corporate charter, it may not have the capacity to sue. Another example is if the defendant is not mentally capable of understanding their actions and therefore cannot be held responsible for them. Capacity defense is one of many types of defenses that can be used in a legal case.

A more thorough explanation:

A capacity defense is a type of defense used by a defendant in a legal case. It is based on the defendant's inability to be held accountable for an illegal act or the plaintiff's inability to prosecute a lawsuit. For example, if the plaintiff is a corporation that has lost its corporate charter, it may not have the capacity to sue. Another example is if the defendant is a minor, they may not have the capacity to be held accountable for certain actions.

Capacity defense is different from an affirmative defense, which is a defendant's assertion of facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true. Examples of affirmative defenses are duress (in a civil case) and insanity and self-defense (in a criminal case).

For instance, if a defendant is charged with assault, but they have a mental illness that prevents them from understanding the consequences of their actions, they may use an affirmative defense of insanity.

capacitate | capacity to sue

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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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