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Statutory Defenses are:
1. Partially defense are those that have a reduction in sentencing such as necessity.
2. Complete defense are those that do not find someone guilty such as coercion.
a. Coercion vs. Necessity--
Coercion is when person a kills person b because c says so. An example would be a man going to kill family is husband does not rob a bank he owns. That would be a complete defense. The husband did not intend to rob bank he was forced to by threat or death.
b. Necessity is when someone uses force to stop a bigger natural disaster from occuring. An example of this would have been the move "Titanic," when at the end a man starts killing people because the people are all startled and freaking out and wanting to get on the spare boats to save themselves. This would be a partial defense.
3. Examples of Statutory Defenses that are in the Statutes are:
a. NGMMD (not guilty by mental disease or defect--insanity)
b. Self Defense (property, self or another individual)
c. Insanity
Wiki User
∙ 11y ago
Statutory defenses are legal arguments or circumstances outlined in statutes that can be raised in a legal proceeding to avoid liability or mitigate penalties. These defenses are based on specific laws enacted by legislatures and provide a formal legal basis for challenging a claim against an individual or entity.
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What are Non-Statutory Defenses?
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.
Give the General defenses in tort of law?
General defenses in tort law include contributory negligence (plaintiff's own negligence contributed to the harm), assumption of risk (plaintiff voluntarily assumed a known risk), and statute of limitations (plaintiff filed the claim after the allowed time period). Other defenses may include self-defense, necessity, and consent.
What are the major defense to negligence?
The major defenses to negligence include contributory negligence, comparative negligence, assumption of risk, and statutory limitations. Contributory negligence asserts that the plaintiff's own actions contributed to the harm. Comparative negligence reduces the plaintiff's damages based on their percentage of fault. Assumption of risk occurs when the plaintiff voluntarily accepts the known risks. Statutory limitations vary by jurisdiction and may limit the time frame for filing a negligence claim.
What are and what is the difference between statutory and non statutory rights?
Statutory rights are rights that are established by laws or statutes, such as labor laws or consumer protection laws. Non-statutory rights are rights that are not specifically defined by law but may arise from common law principles or agreements between parties. The main difference is that statutory rights are clearly defined by written laws, whereas non-statutory rights rely on other sources for recognition and enforcement.
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 are Non-Statutory Defenses?
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.
What are lack of proof defenses?
Lack of Proof Defenses are: 1. Not enough Burden of Proof (beyond a reasonable doubt to convict someone) 2. Some affirmative defense used by the defense a. an affirmative defense is: new facts by the defense must be prove and they can also use other alibis to help them with their case (witness could say that they were intoxicated, insanity and other statutory defenses)
What are functions of Reserve Bank OF India?
Restructuring of the system of bank inspections introduction of off-site surveillance,strengthening of the role of statutory auditors and strengthening of the internal defenses of supervised institutions.
Give the General defenses in tort of law?
General defenses in tort law include contributory negligence (plaintiff's own negligence contributed to the harm), assumption of risk (plaintiff voluntarily assumed a known risk), and statute of limitations (plaintiff filed the claim after the allowed time period). Other defenses may include self-defense, necessity, and consent.
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