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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EFCC AND BELLO’S COMEDY OF THE ABSURD

This Day 05 May 2024
The anti-corruption agency was all along aware of his cloak-and-dagger strategy to set himself free perpetually using legal gymnastics and other antics ... Rather than gather his documents in his defenceBello embarked on a wild forum shopping, for a legal logjam to avoid being docked and tried in the court of justice....
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War Crimes Probe into UK Forces in Afghanistan Faces Delay Until 2025

Tolo News 05 May 2024
According to the report, a lawyer involved in the investigation into the killing of innocent Afghans by UK elite forces has criticized the Ministry of Defence for delaying supplying evidence. “The correspondence highlights that even if the MoD hires extra legal assistants and buys ......
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Hearing into British army’s Afghanistan ‘war crime’ likely delayed by one year: Guardian

Khaama Press 04 May 2024
The Guardian, relying on a written statement from legal counsel, reports severe complaints from prosecutors regarding the Ministry of Defence’s failure to provide relevant documents ... of Defence’s utmost failure in fulfilling its responsibilities....
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Rishi Sunak says he

The Daily Mail 04 May 2024
READ MORE ... Advertisement. 'Our plan is working with inflation more than halved, tax cuts worth an average of £900 hitting people's pockets, state pensions protected with our triple lock, our Rwanda bill signed into law, allowing us to start detaining illegal migrants ready for the first flights, legal migration down and defence spending boosted ... ' ... ....
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Grant Thornton Ireland pays €19.25m to settle US audit claims

The Irish Times 03 May 2024
... being made to avoid prohibitive legal costs ... Grant Thornton Ireland stressed that the payments are without an admission of liability or wrongdoing and were being made to avoid “prohibitive legal defence costs in the USA and Caymen Islands”....
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Post Office legal boss withheld details from statutory body reviewing miscarriages of justice

Computer Weekly 03 May 2024
In May that year, the CCRC was chasing the Post Office legal team for information about the review of its prosecution strategy and processes ... Post Office faces legal action over alleged accounting system failures ... Post Office defence in computer system legal case due this week ... How legal disclosure failures disrupted the Post Office Horizon inquiry....
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Binance Trial on Ice in Nigerian Court as Lawyers Demand Missing Documents

Finance Magnates 02 May 2024
In a legal saga that has captured international attention, a Nigerian court has ... Legal Proceedings Adjourned ... During Thursday's court session, Binance's legal representative raised concerns about not receiving the additional proof of evidence crucial for preparing the defence....
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Is Rishi ready for the rebels?

The Spectator 02 May 2024
That’s why Sunak has been building his defence ... This includes ending the junior doctor strikes (‘Unless they have a 20 per cent pay rise to offer, it won’t happen,’ says a No. 10 aide), cutting legal migration, boosting defence spending to 3 per cent of GDP by 2027, bringing in tougher prison sentences and slashing benefits further....
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Post Office investigators saw subpostmasters as ‘enemies’ – and that’s what they became

Computer Weekly 02 May 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 centre of legal disputes ... Post Office defence in computer system legal case due this week....
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Video of Pauline Hanson telling white former senator to 'go back to New Zealand' used ...

Australian Broadcasting Corporation 01 May 2024
Pauline Hanson's legal team tenders a video of her telling Derryn Hinch to leave Australia in her defence against allegations of racial discrimination against senator Mehreen Faruqi ... ....
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Faruqi v Hanson: Pauline Hanson told ‘white’ Derryn Hinch to go back to where he ...

The Guardian 01 May 2024
Hansons’s legal team played video of her telling then senator to ‘go back to New Zealand’ as defence in racial discrimination case Get our ......
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GSK raises annual profit outlook amid strong sales of shingles vaccines

The Daily Mail 01 May 2024
'Significant legal charges in the quarter primarily reflected prospective legal costs for the defence of the litigation relating to Zantac.' ... Analysts at Shore Capital repeated their 'buy' in the wake of the figures, but flagged that a log jam of legal cases related to Zantac and ......
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Caramanna, Friedberg LLP Provides Dedicated Assault Lawyers in Toronto

GetNews 30 Apr 2024
Caramanna, Friedberg LLP, a client-focused criminal defence law firm, provides skilled criminal and assault lawyers in Toronto ... Caramanna, Friedberg LLP is a reputable criminal defence and regulatory offence law firm providing legal representation services in Toronto ... Caramanna, Friedberg LLP provides individualized legal services in Canada....
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