Defense

Defense Of Marriage Act (Doma) So-called Defense of Marriage laws define marriage as a relationship between one man and one woman, for the purpose of excluding same-sex couples from the institution of marriage.

Defense Attorney or Defence Counsel definition:
Lawyers who represent persons facing criminal charges.
Lawyers, attorneys or barristers who represent persons facing criminal law charges.

Defense has several uses in the sphere of military application.
Personal defense implies measures taken by individual soldiers in protecting themselves whether by use of protective materials such as armor, ...

Defense Attorney
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DEFENSE, UNCONTROLLABLE CIRCUMSTANCES - a defense to various criminal charges such as failure to appear or surrender alleging that uncontrollable circumstances prevented the person from appearing or surrendering.

A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts.

Criminal Defense Legal Glossary
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Insurance Defense Attorney: When the negligent parties in a personal injury claim become the defendants in a lawsuit and the formal complaint is served upon them, ...

AFFIRMATIVE DEFENSE - Without denying the charge, the defendant raises extenuating or mitigating circumstances such as insanity, necessity, or coercion to avoid civil or criminal responsibility.

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Defense of property - Affirmative defense in criminal law or tort law where force was used to protect one's property.
Deficient - Incomplete; defective; not sufficient in quantity or force.

Defense: The denial of charges, brought by a plaintiff against a defendant; an answer to a complaint.
Deletion: The crossing out or removal of certain words, sentences, or clauses from a legal document.

Defense attorney - The attorney who represents the defendant.
Deposition - Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court.

defense table: The table where the defense lawyer sits with the defendant in the courtroom.

Defense Base Act
The Frequently Asked Questions
Our Maritime Injury Lawyer answers the 29 most common Defense Base Act Questions. Continue ...
Injured seaman must file a claim within three years of the injury. More on Employees Rights...

Defense or Defence. French défense: Latin defensa: defendere, to strike down or away, ward off, repel. Mid. Eng. defence. 2.

defense
n. 1) a general term for the effort of an attorney representing a defendant during trial and in pre-trial maneuvers to defeat the party suing or the prosecution in a criminal case. 2) a response to a complaint, ...

defense: In a civil case, the facts or arguments presented by the defendant to show why the plaintiff doesn't have a right to the relief asked for. In a criminal case, the reasons why a defendant should not be convicted of the charge(s).

defense attorney The lawyer who represents the defendant in a civil or criminal case; in common usage, the term is limited to lawyers representing criminal defendants.
deferred sentence See sentence.

DEFENSE ATTORNEY -- The attorney representing the accused (defendant).
Dehors - French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate.

Self-Defense - The protection of one's person or property against some injury attempted by another. The law of "self-defense" justifies an act done in the reasonable belief of immediate danger.

Self defense
Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

In defense, the accused could argue that he had no intent to commit a crime inside the house, that it occurred during the day, or that his entry was lawful.

Real defense
Definition
: a defense of an obligor of a negotiable instrument that may be asserted even against a holder in due course ...

self-defense
n. the use of reasonable force to protect oneself or members of t...
self-executing
adj. immediately effective without further action, legislation or...

affirmative defense
An explanation for a defendant's actions that excuses or justifies his behavior. For example, acting in self-defense is a common affirmative defense to a charge of battery or homicide.

Affirmative Defense
An affirmative defense is a set of facts raised in the pleadings, which if proven, will defeat a cause of action even if the cause of action is proven at trial.

affirmative defenses: listed in Rule 8; these defenses must be pleaded in the answer or they are waived; they are generally aimed at destroying the merits of plaintiff's cause of action.

affirmative defenseA defense which does not necessarily refute an allegation but offers new matter which may defeat the right to recovery.
amicus curiaeA friend of the court; a nonparty volunteers information.

Affirmative Defense
A written defense to a lawsuit which does not formally deny certain allegations in a complaint, but asserts that the plaintiff is not entitled to judgment based upon legal or equitable principles, ...

Affirmative Defense: New facts or legal defenses in response to the opposing spouse's pleading.
Agreement: Mutual assent between two or more parties; normally leads to a contract; may be verbal or written.

Malpractice Defense
the area of law that focuses on representing those professionals who have been accused of negligence, misconduct, lack of ordinary skill, ...

Drunk Driving Defense
the "right to drive" is a privilege which is governed by the individual states.

DefendantThe defendant is that unlucky fellow who has been served with a summons and complaint, the person who must file some sort of defense or lose by default.

Demurrer This is a motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defense, ...

The case of Daniel McNaughtan, who was found not guilty by reason of insanity after making an assassination attempt on British prime minister Robert Peel (1834), gave rise to the modern insanity defense used in many Western nations today.

/Criminal and Traffic Defense Glossary Terms
Expungement
A legal "wiping the slate clean". An Order of Expungement allows someone convicted of a crime to have negative legal information removed from their criminal record.

In criminal proceedings, "discovery" emphasizes right of defense to obtain access to evidence necessary to prepare its own case.
dismissal - An order or judgment finally disposing of an action, suit, motion, etc.

This doctrine may be a defense if the Department of Social and Health Services is asking that a client repay an overpayment. The party must prove each of the following elements: ...

Res gestae evidence usually requires a voir dire hearing before it is admissible unless the defense allows it to be put on the trial record unchallenged.

A special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons, such as a mistake as to the kind of contract.

A request by the prosecutor or defense for a reviewing court to reconsider certain issues in the case and to render a different decision.

Insanity: A complete defense to a crime; exists when at the time of the commission of the crime, the accused was not aware of the nature and quality of his or her criminal act, or if the accused did, was not aware that the act was legally wrong.

ASSUMPTION OF RISK: A defense raised in personal injury lawsuits. Asserts that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted.

Non est Factum:
Latin for "not his deed" and a special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons such as a mistake as to the kind of contract.

Public defender - Government lawyer who provides free legal defense services to a poor person accused of a crime.
Public Service Commission - Also, Public Utilities Commission. A state agency which regulates utilities.

exceptio - a clause of defense allowed by the praetor in a defendant's response under the Formulary system.

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intoxication 1 : the state or condition of being intoxicated 2 : a defense based on inability to form the requisite specific intent to commit a crime due to intoxication ...

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The OCSE works with various agencies on a federal level, such as the Internal Revenue Service (IRS), the Social Security Administration (SSA), and the Department of Defense (DOD), to locate parents, establish paternity, ...

Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis.

Public defender - Government legal-law123hotlegaltopics.com"lawyer who provides free legal defense services to a poor person accused of a crime.

Senatus Consulta: An authorization of the Senate. A Sen. Cons. Ultimum granted authority to the magistrates or specially appointed individuals to use force in the defense of the city.

Pretrial: In a civil case, a conference with a judge or trial referee to discuss discovery and settlement. In a criminal case, a conference with the prosecutor, defense attorney and judge to discuss the case status and what will happen next.

one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. Condonation generally is proven by living and cohabiting with the spouse after learning that the wrongdoing was committed. It often is used as a defense ...

Finally, whether it is a stranger or non-stranger assault, it is important to report the incident to local law enforcement immediately. Crime prevention and awareness, as well as consistent reporting, may be the strongest defenses against becoming ...

The Charter authorizes the use of force in self defense. Article 51. See Chapter VII and Chapter VIII for more provisions. Compare jus ad bellum (right to use force) with jus in bello (conduct during war).

The registrant's exclusive right to use a mark in commerce on or in connection with the goods or services covered by the registration can become "incontestable," subject to certain statutory defenses (15 U.S.C. Sections 1065 and 1115(b)); and ...

See also: Law, State, Person, Court, Right