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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. [2]
Strictly speaking, however, it could be argued that intoxication is not a defense, but a denial of mens rea; [10] the main difference being that a defense accepts the mens rea and actus reus of an offence are present. With intoxication, there is no acceptance of the mens rea of the offence. For offences of basic intent, the act itself is ...
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".
In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. There have been very few cases in which the defence of necessity has succeeded, and in general terms there are very few situations where such a defence could even be ...
The terminology regarding such a defense varies by jurisdiction and sphere. "Defense of infancy" is a mainly US term. [ 5 ] The "age of criminal responsibility" is used by most European countries , the UK , [ 6 ] Australia , New Zealand [ 7 ] and other Commonwealth of Nations countries. [ 8 ]
It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ab initio or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common ...
Mao Zedong opined that "the only real defense is active defense", meaning defense for the purpose of counter-attacking and taking the offensive. [2] Often success rests on destroying the enemy's ability to attack. This principle is paralleled in the writings of Machiavelli and Sun Tzu. [3] Some martial arts emphasize attack over defense.
National security, or national defence (national defense in American English), is the security and defence of a sovereign state, including its citizens, ...