Legal Definitions - defend

In a legal context, the term defend has two primary meanings:

• 1. To contest or oppose a legal claim or accusation. This involves actively challenging the assertions made by another party in a legal proceeding.

  • Example: A small technology startup receives a letter from a larger competitor alleging patent infringement. The startup decides to defend itself by gathering evidence to show its product uses different technology and does not violate the competitor's patent.

    Explanation: In this scenario, the startup is actively opposing the competitor's claim of patent infringement by preparing arguments and evidence to refute the accusation.

  • Example: A city council faces a lawsuit from a group of residents who believe a new zoning ordinance is unconstitutional. The city attorney's office prepares legal arguments and presents evidence to defend the city's decision and the legality of the ordinance.

    Explanation: Here, the city is defending by challenging the residents' legal claim that the ordinance is unconstitutional, aiming to uphold its validity.

• 2. To represent someone as their attorney in a legal matter. This refers to the role a lawyer plays in advocating for a client's interests in court or other legal settings.

  • Example: A person is charged with a traffic offense, such as reckless driving. They hire a lawyer to defend them in court, hoping to reduce the charges or avoid a conviction.

    Explanation: The lawyer is acting as the legal representative for the accused individual, presenting their case and advocating on their behalf against the charges.

  • Example: After a car accident, a driver is sued for damages by the other party involved. The driver's insurance company assigns an attorney to defend the driver against the lawsuit, as part of the coverage provided by their policy.

    Explanation: In this instance, the attorney is representing the driver, working to protect their interests and manage the legal aspects of the civil claim brought against them.