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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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Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
MrThickRopes
23:12
fuuuckkkk
MrThickRopes
23:12
mr thick. ropes is . wasteddddd
Just wnna say im proud of everyone who applied to schools this year! You’re amazing!!
Hi guys quick question
Has anyone applied to Jacksonville ?
Jacobdoeshisbest
1:24
Hi
whats up yall i have noone to tell that I just got a 169 on a practice test and I am so proud of myself. that's all
@DirtyQuackYak: Congrats but that's not good enough. 173 is the new 170 so do the math. Buckle up.
@CheerfulSpikyVole: Nah, no one would apply to that school that hangs around here.
@MrThickRopes: sounds like the next Dkk.
Bc wave today
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