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The defenses are varied. There is the most simple defense of "I didn't do it". From that can flow alibi defenses or lack of proof defenses. The term defense is a bit of a misnomer in that legally the defendant does not have an obligation to prove anything. It is the government's obligation to prove guilt beyond a reasonable doubt. To that end, the defense often brings up issues to raise doubt about the state's case, possibly providing an alternative theory with a different suspect. Then there is the issue of affirmative defenses such as self-defense or entrapment. For further discussion see the related links below.
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∙ 15y ago
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∙ 10y agoWitnesses, records, documents, photographs, recordings that relate to the case may be presented.
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Can the intent requirement has no bearing on the defenses available to the defendant in a criminal trial?
in certain crimes the intent required to be proven determines whether particular defenses are available to the defendant--pg 93 Criminal Law & Procedure, Scheb
In a criminal trial who has the burden of proving criminal defenses?
The Prosecution (the State) presents the case against the defendant. The Defense Attorney has to provide the defenses.
What one thing can't the defendant do when answering a complaint A deny the complaint's allegations B list defenses C admit to the complaint's allegations D defer answering for 180 days?
list defenses
Which are the defenses under insanity?
There are two common defenses under insanity: the M'Naghten rule and the irresistible impulse test. The M'Naghten rule focuses on whether the defendant understood what they were doing and whether they knew it was wrong. The irresistible impulse test, on the other hand, focuses on whether the defendant can control their actions due to a mental disease or defect. Other jurisdictions may have additional defenses or variations of these two tests.
What would be affirmative defenses in an unjust enrichment case?
One of the critical affirmative defenses would be the voluntary payment doctrine. Check to see if this doctrine is available in your jurisdiction.
What is a leave to plead?
"Leave to plead" is the allowance by the court to file a particular type of pleading even though technically, you may be barred by court rules or statute from filing the pleading. As an example, a defendant normally has a limited number of days within which to file an Answer. After the time expires defendant will be allowed to file out of time only if the plaintiff consents or in some cases only if the court consents. If the defendant needs the court's consent, application is made for "leave to plead" defendant's answer. If the court grants leave to plead, the defendant may file the Answer as if it had been filed within the time originally required. The phrase also applies to adding different types of defenses or claims that may have been left out of pleadings already filed. If, for example, a defendant filed the usual answer denying plaintiff's claims, but later realized he should have included several affirmative defenses as well, he might have to get the court's permission to amend his original answer by adding the affirmative defenses. Here, defendant would be granted leave to plead the specific affirmative defenses he needs.
Waiver of jurisdictional defenses?
I believe this falls under 'change of venue'. A defendant or the prosecution may ask a judge to change the venue or to change the jurisdiction where the case is being prosecuted. This may be the case if a defendant believes he may get a fair trial. A jurisdictional defense is one based on whether the court has jurisdiction over the defendant. For example, if one has to be personally served but was served by some other, unauthorized means, the court may not have jurisdiction over that person. In other words that person has a jurisdictional defense to the action. If however, the person appears in court and does not raise the jurisdiction issue, he/she has waived that defense. Here's how this plays out. A plaintiff claims to have served a defendant with process. Once the defendant does not answer within the time prescribed by law, the plaintiff would then move for a default judgment. The defendant become aware of the default judgment when the plaintiff attempts to execute on it (e.g., restrain his bank account...) The defendant then files a motion/order to show cause asking the court to vacate the default judgment. The plaintiff agrees to vacate the judgment provided the defendant "waives jurisdictional defenses,"i.e. lack of personal service.
What is the difference between absolute and strict liability?
In strict liability, there are certain defenses available whereas in absolute liability, there are none.
Why are the defenses of provocation and diminished responsibility only available for murder?
you should probably let you client know this is where you get legal advice...
What are the best defenses against a malpractice suit?
First & foremost defence is to categorically deny each and all accusations / allegations leveled against the defendant in the complainant's pleadings. While answering the pleadings, step by step replies to the each of allegations must be equipped with defendant's bonafides, sincerity ethics, adhering to strict medical professionalism etc. Thanks.
What are defenses of a bat?
the defenses of a bat is BEES AND FLYS.
What is consol defendant?
consolidated defendant
