A judge is a law student who marks his own examination papers.

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Legal Definitions - legal defense

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Definition of legal defense

A legal defense refers to an argument or strategy presented by a party in a legal case, typically the defendant, to challenge the claims made against them. The primary goal of a legal defense is to avoid liability, reduce penalties, or secure an acquittal by demonstrating that the claims are unfounded, unjustified, or legally invalid.

  • Example 1 (Criminal Case - Self-Defense):

    Imagine a situation where a person, Sarah, is charged with assault after a physical confrontation. Sarah's legal defense is that she acted in self-defense. She presents evidence and testimony indicating that the other individual initiated the attack, and she only used reasonable force to protect herself from imminent harm. This defense aims to justify her actions and demonstrate that she should not be held criminally responsible because she was exercising a legally recognized right to protect her own safety.

  • Example 2 (Criminal Case - Alibi):

    Consider a scenario where Mark is accused of committing a robbery at a specific bank on a particular Tuesday morning. Mark's legal defense is an alibi. He provides evidence, such as a confirmed appointment calendar, a receipt from a different city's coffee shop, and a witness statement from a colleague, proving that he was attending a business meeting 200 miles away at the exact time the robbery occurred. This defense directly challenges the prosecution's claim by demonstrating that it was physically impossible for Mark to have committed the crime.

  • Example 3 (Civil Case - Statute of Limitations):

    Suppose a company, "InnovateTech," sues a former client, "Global Solutions," for breach of contract, claiming Global Solutions failed to pay for services rendered six years ago. Global Solutions' legal defense is that the lawsuit is barred by the statute of limitations. They argue that the law in their jurisdiction specifies that claims for breach of contract must be filed within five years, and InnovateTech waited too long to bring the case. This defense does not necessarily dispute the original contract but asserts a legal principle that prevents the court from enforcing the claim due to the passage of time, aiming to have the case dismissed.

Simple Definition

A legal defense refers to an argument or strategy presented by a party, typically the defendant, to counter a claim or charge brought against them in court. Its purpose is to demonstrate that they are not legally responsible or guilty, thereby seeking to avoid liability or conviction.

The law is a jealous mistress, and requires a long and constant courtship.

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