Defense - Page 2 - Law Dictionary

choice of evils defense

choice of evils defense see defense ...

affirmative defense

affirmative defense see defense ...

absolute defense

absolute defense see defense ...

defense bar

defense bar : the segment of the bar in a given area that consists of lawyers who primarily represent defendants [the New York criminal defense bar] ...

Ostrich defense

Ostrich defense, means a criminal defendant's claim not to have known of the criminal activities of an associate, Black's Law Dictionary, 7th Edn., p. 1127....

impossibility pl: -ties 1 : the quality or state of being impossible ;also : the affirmative defense that something (as performance) is impossible 2 : something impossible 3 : impossibility of performance in this entry fac·tu·al impossibility : impossibility based on factual circumstances ;specif : a partial defense to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a complete defense and does allow prosecution for attempt or for another inchoate offense. For example, if the defendant constructed a bomb that failed to explode, factual impossibility would be a defense against murder charges, but not attempted murder. impossibility of per·for·mance 1 : a doctrine in contract law that a party may be released from liability for breach of contract for failing to perform an obligation that is rendered impossible by uncontrollable circumstances (as death or failure of the means of delivery) 2 : a defe...

necessity

necessity pl: -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act see also choice of evils defense at defense compare duress, undue influence 2 : something that is necessary esp. to subsistence [obligated to provide the necessities of food, clothing, and shelter] ...

well-pleaded complaint rule

well-pleaded complaint rule : a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint NOTE: The well-pleaded complaint rule is not satisfied by a defense based on federal law, including a defense of federal preemption, or by anticipation of such a defense in the complaint. ...

pleading

pleading 1 a : one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses ;also : a written document embodying such a declaration see also relation back b : any of the allegations, averments, claims, denials, or defenses set forth in a pleading alternative pleading : a pleading that sets out an alternative theory in support of a plaintiff's claim for relief or a defendant's defense amended pleading : a pleading that is filed to replace an original pleading and that contains matters omitted from or not known at the time of the original pleading re·spon·sive pleading [ri-spÄ n-siv-] : a pleading that directly responds to another pleading (as by denying in an answer allegations in a complaint) sham pleading : a pleading that is factually false, is not made in good faith, and that may be struck supplemental pleading : a pleading that supplem...

denial

denial 1 : refusal to grant or allow something [ of due process] [ of a motion] 2 a : an assertion that an allegation is false b : a defense asserting that an opposing party's allegations are false compare affirmative defense at defense, traverse NOTE: Under the Federal Rules of Civil Procedure, allegations that are not denied are taken as admitted, and a statement that a party has insufficient knowledge or information to form a belief as to the truth of an allegation is taken as a denial. A denial must sufficiently state which allegations or parts of allegations are being denied. ar·gu·men·ta·tive denial [Ä r-gyə-men-tə-tiv-] : a denial that asserts facts inconsistent with an allegation made by an adverse party general denial 1 : a denial of all the allegations in a complaint 2 : a denial of all the allegations of a particular paragraph or group of paragraphs in a complaint specific denial 1 : general denial in this entry 2 : a denial of...

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