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LSDefine

Simple English definitions for legal terms

legal defense

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A quick definition of legal defense:

Legal defense is a reason given by a person 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 is a way for the accused person to fight against the person who is accusing them. There are different types of legal defenses, such as affirmative defense, perfect defense, and real defense. The accused person and their lawyer use legal defense to try to prove that they are innocent or that they should not be punished for what they did.

A more thorough explanation:

Legal defense is a method used by a defendant to oppose the plaintiff or prosecutor's case in a court of law. It is a defendant's stated reason why the plaintiff or prosecutor has no valid case. A legal defense can be affirmative, which means the defendant asserts 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).

Another type of legal defense is a real defense, which 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. The ten real defenses are fraud in the factum, forgery of a necessary signature, adjudicated insanity that, under state law, renders the contract void from its inception, material alteration of the instrument, infancy, which renders the contract voidable under state law, illegality that renders the underlying contract void, duress, discharge in bankruptcy, or any discharge known to the holder in due course, a suretyship defense, and a statute of limitations.

For example, if a person is accused of murder, they may use the legal defense of self-defense, which is an affirmative defense. They would argue that they acted in self-defense and that their actions were justified. Another example is if a person is being sued for not paying a debt, they may use the legal defense of infancy, which is a real defense. They would argue that they were under the age of 18 when they signed the contract and, therefore, the contract is voidable under state law.

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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