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By showing legitimate title belongs to a third party (tertius), jus tertii arguments imply that the present possessor’s interest is illegitimate or that the present possessor is a thief. In English law the argument is also sometimes used to defend against a claim by a person with possession of a thing, on the grounds that the claimant is not ...
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.
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]
Pro se legal representation (/ ˌ p r oʊ ˈ s iː / or / ˌ p r oʊ ˈ s eɪ /) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.
The adversarial system or adversary system or accusatorial system [1] or accusatory system [2] is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly.
In law, an absolute defence (or defense) is a factual circumstance or argument that, if proven, will end the litigation in favor of the defendant. [1] The concept of an absolute defence is not a rigid one. Statutes frequently use the term merely as a synonym to "full" or "complete".
Those under investigation in general have the right to have an attorney present during questioning, but there are exceptions to this right. [2] Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law.
A successful affirmative defense means not that a criminal act was justified, but that the act was not criminal at all. But if no affirmative defense of duress is available, then the duress may be considered as justifying a lighter sentence, typically in proportion to the degree of duress. If the duress is extreme enough, for example, the ...