Defense (legal)

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable.

Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the burden of proof. For example, if a defendant in an assault and battery case attempts to claim provocation, the victim of said assault and battery would not have to prove that he did not provoke the defendant; the defendant would have to prove that the plaintiff did.

Civil law defenses

In common law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include:

Latest News for: Defence legal

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Lords debate amendment to law on use of computer evidence in light of Post Office scandal

Computer Weekly 24 Apr 2024
The 1999 legal rule replaced a section of the PACE Act 1984, which stated that those introducing computer evidence should be able to prove the computer sytsem was operating properly ... Post Office faces legal action over alleged accounting system failures ... Post Office defence in computer system legal case due this week....
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Silvio Grixti and associates to be indicted over benefits racket

The Malta Independent 23 Apr 2024
A court has decreed that there is sufficient evidence to indict five men accused of organising a benefit fraud racket, rejecting their lawyers' attempts to raise doubts about legal controls over how court experts examine evidence ... There is no legal basis for the defence's objections."....
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Bruce Lehrmann should pay Ten’s entire legal bill after ‘deliberately wicked’ decision to sue, network says

AOL 23 Apr 2024
Bruce Lehrmann should pay all Network Ten’s legal costs because suing The Project for defamation was “deliberately wicked and calculated” and an abuse of process, Ten has told the federal court ... Legal experts have estimated the bill for Ten and Wilkinson’s legal counsel alone would be $8m....
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Donald Trump suffers major loss amid hush money trial

The News International 23 Apr 2024
AFP/File ... Trump, 77, has repeatedly made claims that he will "absolutely" be testifying; however, after the new ruling, his legal team may not let him ... Merchan's ruling is designed to give Trump’s legal team an informed view as it mulls whether the former president should take the stand in his defence ... ....
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Ensuring balance in transportation infrastructure investment: officials

Vietnam News 23 Apr 2024
Chairman of the National Assembly's Defence and Security Committee Lê Tấn Tới acknowledged persistent shortcomings in the formulation of legal documents and planning for road traffic. The legal system on road traffic has exposed numerous inadequacies and prolonged limitations....
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Post Office boss used husband’s descriptions in Orwellian ploy to downplay Horizon problems

Computer Weekly 23 Apr 2024
It said the Post Office had failed to find out why large cash shortfalls occurred before starting legal proceedings against subpostmasters ... Post Office faces legal action over alleged accounting system failures ... Post Office launches external review of system at center of legal disputes ... Post Office defence in computer system legal case due this week....
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Expert investigating Capture system refuses to meet ‘untrustworthy’ Post Office

Computer Weekly 23 Apr 2024
Post Office faces legal action over alleged accounting system failures ... 85 subpostmasters seek legal support in claims against Post Office computer system ... Post Office launches external review of system at center of legal disputes ... Post Office defence in computer system legal case due this week....
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‘Battlelines’ drawn as jury hears opening remarks in Trump hush money case

Al Jazeera 22 Apr 2024
Trump’s legal team also presented its defence in an opening statement on Monday morning, rejecting the state’s allegations in their entirety ... Legal threshold ... But Monday’s legal proceedings provided both prosecutors and Trump’s defence team with a canvas upon which to paint vivid, albeit dueling portraits of the former president for the jury....
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UK judge dismisses case against climate activist who held up sign outside trial

Philenews 22 Apr 2024
Last month, however, that defence was severely curtailed by the Court of Appeal, which ruled activists accused of criminal damage cannot rely on their political or philosophical beliefs. Warner said outside court that the ruling had left activists with few legal defences, apart from jurors returning verdicts according to their conscience....
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Trump’s defence to make opening statement in ‘hush money’ trial

Al Jazeera 22 Apr 2024
list 2 of 3What will Trump’s legal troubles mean for 2024 elections? ... The proceedings on Monday will see both sides lay out their arguments in broad strokes while simultaneously hinting at the legal strategies they plan to deploy in what is expected to be a six-week trial....
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Ministry of Defence gives Ukrainian soldiers free cigarettes - despite Rishi Sunak

The Daily Mail 22 Apr 2024
Any legal risks were advised by the Department of Health and Social Care and Mr Wallace, who was the defence secretary at the time, reportedly was given the all clear from the Treasury that the deal followed rules regarding the duty free importation of cigarettes as rations for important military operations....

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