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What are Non-Statutory Defenses?

Updated: 4/30/2024
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Wiki User

βˆ™ 11y ago

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Non Statutory Defenses are:

a. Battered Spouse or Battered Wife Syndrome

That means that someone who was previously abused says that they abuse because they used to be abused themselves. Or a wife that is beaten by their husband is physically not all there. They are scorn.

b. Limited by:

Perception of the d.a.

Limited by the judge willingly giving instructions to the jury.

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βˆ™ 11y ago
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βˆ™ 19h ago

Non-statutory defenses refer to legal arguments or justifications that are not explicitly listed in statutory law but have been developed through case law. These defenses rely on principles of equity, fairness, or public policy to excuse or justify a defendant's actions. Non-statutory defenses provide flexibility in the legal system to address unique circumstances that may not be covered by specific statutes.

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What does the statement specific defenses are discriminatory means?

The statement "specific defenses are discriminatory" suggests that certain defenses may unfairly target or discriminate against specific groups of people. This can occur when defenses are used selectively based on personal characteristics or protected classes, leading to unequal treatment or outcomes in legal proceedings. The goal is to ensure that defenses are applied impartially and do not contribute to systemic bias or discrimination.


What is negligence defences?

Negligence defenses are legal arguments used to refute or minimize liability in a negligence claim. Common defenses may include contributory negligence, assumption of risk, or lack of duty. These defenses aim to show that the defendant should not be held responsible for the plaintiff's injuries due to various reasons.


What are the procedural defense?

Procedural defenses are legal defenses that focus on issues related to the procedures followed in a legal case rather than the actual facts or merits of the case. Examples include lack of jurisdiction, improper service of process, and failure to state a claim. These defenses can result in the dismissal of a case if found to be valid.


Are there defenses for strict liability?

Yes, defenses for strict liability typically include: Assumption of risk by the plaintiff Product misuse by the plaintiff Contributory negligence by the plaintiff Lack of causation between the defendant's conduct and the harm suffered


What are the defense to torts?

Some common defenses to tort claims include contributory negligence, assumption of risk, lack of causation, consent, statute of limitations, and immunity. These defenses can help defendants argue that they should not be held legally responsible for the alleged harm caused to the plaintiff.

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