DEFENSE
The forcible repulsion of an unlawful and violent attack, such as the defense of one’s person, property, or country in time of war.
The totality of the facts, law, and contentions
presented by the party against whom a civil action
or ciminal prosecution is instituted in order to
defeat or diminish the plaintiff ’s CAUSE OF
ACTION or the prosecutor’s case. A reply to the
claims of the other party, which asserts reasons
why the claims should be disallowed. The defense
may involve an absolute denial of the other party’s
factual allegations or may entail an AFFIRMATIVE
DEFENSE, which sets forth completely new factual
allegations. Pursuant to the rules of federal CIVIL
PROCEDURE, numerous defenses may be asserted
by motion as well as by answer, while other
defenses must be pleaded affirmatively.
A frivolous defense is one that entails a vacuous assertion, which is not supported by argument or evidence. The rules of federal procedure provide that on motion such defense may be ordered stricken from the pleadings.
A meritorious defense is one that involves the essence or substance of the case, as distinguished from technical objections or delaying tactics. With respect to a criminal charge, defenses such as alibi, consent, duress, ENTRAPMENT, ignorance or mistake, infancy, insanity, intoxication, and SELF-DEFENSE can result in a party’s acquittal.
