Partial Defense - Law Dictionary Search Results
Home Dictionary Name: partial defensepartial defense
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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...
impossibility
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...
diminished capacity
diminished capacity 1 : an abnormal mental condition that renders a person unable to form the specific intent necessary for the commission of a crime (as first-degree murder) but that does not amount to insanity called also diminished responsibility partial insanity compare insanity, irresistible impulse test, m'naghten test, substantial capacity test 2 a : a defense based on a claim of diminished capacity b : the doctrine that diminished capacity may negate an element of a crime NOTE: If diminished capacity is shown, negating an element of the crime with which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element. ...
frustration
frustration 1 a : the act of frustrating b : the state or an instance of being frustrated c : something that frustrates 2 : a common-law doctrine of contract law: parties to a contract may be excused from performance even though performance is still possible if the reason for making the contract is partially or completely frustrated by a fortuitous event or by circumstances which are not the fault of either party called also frustration of purpose frustration of the venture compare cause, force majeure clause, impossibility, impracticability NOTE: In order for frustration to be used as a successful defense to a breach of contract claim, the reason for making the contract must have been contemplated or recognized by both the contracting parties even though it was not expressed in the contract. ...
statute of frauds
statute of frauds 1 often cap S&F a : a state law modeled on the English Statute of Frauds or dealing with the enforcement and requirements of agreements in particular circumstances see also Statute of Frauds in the Important Laws section compare main purpose rule part performance at performance NOTE: There are many statutes of frauds, but use of the term often implies a single entity. This is at least partially due to the great stature of the original law, which represents the general principle that a contract must be in writing to be enforceable. b : a provision in the Uniform Commercial Code under which a contract for the sale of goods for $500 or more is not enforceable unless signed by the party sought to be held to it or by an authorized agent 2 : a defense employing a statute of frauds (as in the denial of an enforceable agreement) ...
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