A legal defense is a response a defendant uses to oppose a claim or prosecution and seek to avoid liability or conviction. This lesson explains what defenses do, how they relate to the trial process and burden of proof, and how common-law defenses, courtroom strategies, and litigation costs fit into the broader picture.
A defendant may raise a defense in a civil proceeding or a criminal prosecution. The defense is an attempt to defeat the claim or charge and avert civil liability or criminal conviction. It may rely on legal grounds, factual claims, or both.
All flashcards
What is a legal defense?
A legal or factual response a defendant offers to defeat a claim or charge, or to show that the defendant should not be held liable even if certain allegations are true.
What does it mean for a defense to exonerate a defendant?
If accepted, the defense removes the relevant liability or charge; it does more than merely reduce the defendant’s liability.
What is the difference between a merits defense and a jurisdictional objection?
A merits defense explains why liability or conviction should not follow. A jurisdictional objection argues that the court lacks authority to hear the case.
What is an Act of God in the context of defenses?
It is an unforeseeable natural phenomenon arising directly from natural causes without human agency, which may be relevant to legal responsibility.
How might victim-character evidence be used in a homicide defense?
Subject to evidence rules, evidence of a victim’s history of violence or threats may support the plausibility of self-defense. It may also be offered in the hope of jury nullification, where jurors acquit despite believing the defendant committed the act.
Quiz questions
What is the central purpose of a legal defense?Answer: To defeat a claim or charge and seek to avert liability or conviction.
How can a defense differ from simply disputing an allegation?Answer: It may accept the alleged facts but argue that the law does not make the defendant liable.
When does the defense phase of a trial generally follow in relation to the prosecution’s case?Answer: It generally follows after the prosecution rests, although defense work may occur earlier.
What may a defendant need to do when raising a particular defense?Answer: Produce evidence or prove certain facts, depending on the defense and governing law.
What limits the use of force in self-defense under the general principle described?Answer: The force must be reasonable under the applicable law and circumstances.
Based on the Wikipedia article Defense (legal), licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.