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In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
For example, a charge of assault on a police officer may be negated by genuine (and perhaps reasonable) mistake of fact that the person the defendant assaulted was a criminal and not an officer, thus allowing a defense of use of force to prevent a violent crime (generally part of self-defense/defense of person).
In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]
resources defense council, and mass audubon in support of defendants’ motions for summary judgment and in opposition to peer et al. plaintiffs’ motion for summary judgment on their claims under the endangered species act and migratory bird treaty act and in opposition to the wampanoag tribe of gay head’s (aquinnah) motion for summary judgment
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In North America, the thesis defense or oral defense is the final examination for doctoral candidates, and sometimes for master's candidates. The examining committee normally consists of the thesis committee, usually a given number of professors mainly from the student's university plus their primary supervisor, an external examiner (someone ...