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Defense

A reason why the plaintiff or prosecutor should not prevail on a cause of action or demand for relief.  A defense can either allege a failure to state a claim, or affirm the existence of a claim and present additional reasons that prevent the plaintiff or prosecutor from obtaining the result requested.

See Failure to state a claimAffirmative defense, Complete defensePartial defense, Excuse, and Justification.

Definition from Nolo’s Plain-English Law Dictionary

1) A general term for the effort of an attorney representing a defendant during trial and in pretrial maneuvers to defeat the party suing or the prosecution in a criminal case. 2) A response to a complaint, called an affirmative defense, to counter, defeat, or remove all or a part of the contentions of the plaintiff.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:14 pm