Defense - Law Dictionary Search Results
well-pleaded complaint rule
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
pleading
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
entrapment
in law enforcement "Tip O'Neill"] 2 : the state or condition of being entrapped ;also : the affirmative defense of having been entrapped by a government agent (as an officer or informant) see also predispose NOTE: Entrapment
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homicide
doing a lawful act with no unlawful intent justifiable homicide : homicide that is committed in self-defense, in defense of another and esp. a member of one's family or sometimes in defense of a residence, in preventing
denial
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
alibi
alibi [Latin, elsewhere, from alius other] : a defense of having been somewhere other than at the scene of a crime at the time the crime was
not guilty by reason of insanity
by reason of insanity 1 : a plea by a criminal defendant who intends to raise an insanity defense used in jurisdictions that require such a plea in order for an insanity defense to be presented 2
Justification
why a defendant did what the plaintiff or prosecution charges the defendant to answer for. Also termed justification defense; necessity defense (3) A surety's proof of having enough money or credit to provide security for the party
retreat
at least attempted a retreat, if it was possible to do so with safety, in order for a defense of self-defense to prevail. Retreat from an attack in one's own home, however, is usually not required. retreat
privilege
the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability
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