Defense (legal)

For other uses, see Defense (disambiguation).

Criminal defenses
Part of the common law series
Insanity · Immunity · Mental disorder Diminished responsibility Intoxication · Infancy Automatism · Alibi Consent · Mistake Duress · Necessity Provocation Self defense False confession · Entrapment
See also Criminal law and procedure
Other common law areas
Criminal · Contract · Tort Property wills · Trusts and estates Evidence
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In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable.

Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the burden of proof. For example, if a defendant in an assault and battery case attempts to claim provocation, the victim of said assault and battery would not have to prove that he did not provoke the plaintiff; the defendant would have to prove that the plaintiff did.

Civil law defenses

See also: Category:Equitable defenses

In common law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include:

• Lack of personal or subject matter jurisdiction of the court, such as diplomatic immunity.
• Failure to state a cause of action or other insufficiencies of pleading.
• Any of the affirmative defenses.
• Defenses conferred by statute - such as a statute of limitations or the statute of frauds.
• Ex turpi causa non oritur actio - the action against the defendant arises from an illegality.
• Volenti non fit injuria - consent by the victim or plaintiff.

Self-defense

In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification - such as self-defense and defense of others or defense of property.

See also

• Absolute defense