Justification Defense - Law Dictionary Search Results

Home Dictionary Name: justification defense

Justification defense

Justification defense, means a defense that arises when the defendant has acted in a way that the law does not seek to prevent. Traditionally, the following defenses were justifications: Consent, self-defence, defense of others, defense of property, necessity (Choice of evils), the use of force to make an arrest, and the use of force by public authority, Black's Law Dictionary, 7th Edn., p. 871....

Justification

Justification, a maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel; a defence of justification is a defence showing the libel to be true, or in an action of assault showing the violence to have been necessary.If in a libel action a defendant pleads justification he must give particulars of the matters upon which he intends to rely in support of his plea (see (English) R.S.C., Order XXXVI., r. 37); but it is otherwise if the plea is only one of fair comment, Digby v. Financial News, Ltd., (1907) 1 KB 502. Consult Odgers on Libel.Means (1) A lawful or sufficient reason for one's acts or omissions (2) A showing, in court, of a sufficient reason 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 for whom it is required. ...

justification

justification 1 : the act or an instance of justifying 2 : something that justifies ;specif : a legally sufficient reason or cause (as self-defense) for an act that would otherwise be criminal or tortious 3 : the affirmative defense of having a legally sufficient justification compare excuse ...

self-defense

self-defense 1 : the use of force to defend oneself 2 : an affirmative defense (as to a murder charge) alleging that the defendant used force necessarily to protect himself or herself because of a reasonable belief that the other party intended to inflict great bodily harm or death see also justification ...

defense

defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...

imperfect self-defense

imperfect self-defense : a defense based on self-defense that does not shield the defendant from all liability but reduces the liability esp. because the defendant actually but unreasonably believed that he or she was in imminent danger of death or great bodily injury NOTE: Imperfect self-defense is not recognized in all jurisdictions. When it is successfully used in criminal cases it eliminates the element of malice, reducing the level of the offense from murder to manslaughter. ...

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Justification Defense - Law Dictionary Search Results