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LSDefine
Simple English definitions for legal terms
defence
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A quick definition of defence:
Defense is a reason given by someone who is being accused of something, to show that they did not do it or that they had a good reason for doing it. It can also be a strategy used by a person's lawyer to help them win a case. In some cases, a defense can be used to avoid punishment for something that was done wrong. There are different types of defenses, such as affirmative defense, perfect defense, and real defense. A real defense is a type of defense that can be used against anyone who tries to make a claim, even if they are a holder in due course.A more thorough explanation:
Definition: Defence is a defendant's stated reason why the plaintiff or prosecutor has no valid case. It is a method and strategy used by a defendant in opposing the plaintiff or the prosecution.
Examples:
- Affirmative defense: 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. For example, self-defense is an affirmative defense in a criminal case.
- Real defense: A type of defense that is good against any possible claimant, so that the maker or drawer of a negotiable instrument can raise it even against a holder in due course. For example, a statute of limitations is a real defense.
- Insanity defense: A defense in which the defendant claims that they were not responsible for their actions due to mental illness. This defense is used in criminal cases.
The examples illustrate how a defendant can use different types of defenses to oppose the plaintiff or the prosecution. These defenses can be used to defeat the plaintiff's or prosecution's claim, or to reduce the defendant's liability.