Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint.
In Civil matters, a defence (which is always in writing or printed) is either (1) by statement of defence, which may be a denial of the plaintiff's right, or may be an allegation of a set-off or counterclaim by the defendant which will cover wholly or in part the claim of the plaintiff; or (2) by a statement of defence raising a point of law, so as to show that the facts alleged by the plaintiff do not disclose any cause of action to which effect can be given by the Court; see R.S.C., Ord. XXV., sub-stituted for the old 'demurrer.' See STATEMENT OF DEFENCE DEMURRER.
In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. 6; Ord. XIV.).
In Criminal matters (which is always by word of mouth) when a person charged is arraigned before the Court, and asked by the Clerk, after stating the charge, 'How say you, are you guilty or not guilty ?' he either confesses the charge by saying 'Guilty,' or words equivalent thereto, stands mute, does not answer directly, or pleads to the jurisdiction, or demurs, or pleads specially in bar, or generally, that he is not guilty.
The defence of one's self, and of such as stand in the relations of husband and wife, parent and child, master and servant, is a right which belongs to every person. If a man, or one standing in any of these relations to him, be forcibly attacked in his person or property, it is lawful for him to repel force by force: and the breach of the peace which happens is chargeable upon him only who began the affray. Self-defence, therefore, is justly called the primary law of nature, and it is not, neither can it be, in fact, taken away by the law of society. In the English law it is held an excuse for breaches of the peace, nay even for homicide itself; but care must be taken that the resistance does not exceed the bounds of mere defence and prevention; for then the defender would himself become an aggressor, 3 Bl. Com. 3.