Defense

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Criminal defenses

Part of the common law series

Insanity · Immunity · Mental disorder Diminished responsibility Intoxication · Infancy Automatism · Alibi Consent · Mistake Duress · Necessity Provocation · Self defense False confession · Entrapment

See also Criminal law and procedure

Other common law areas

Criminal · Contract · Tort Property wills · Trusts and estates Evidence

Portals

Law · Criminal justice

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In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defence (or defense) in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable.

Civil law defenses

In common law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include:

• Lack of personal or subject matter jurisdiction of the court, such as diplomatic immunity.
• Failure to state a cause of action or other insufficiencies of pleading.
• Any of the affirmative defenses.
• Defenses conferred by statute - such as a statute of limitations or the statute of frauds.
• Ex turpi causa non oritur actio - the action against the defendant arises from an illegality.
• Volenti non fit injuria - consent by the victim or plaintiff.

Self-defense

In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification - such as self defense and defense of others or defence of property.

See also

• Absolute defense (legal)

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