Civil Law Defenses
See also: Category:Equitable defensesIn 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.
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 defense of property.
Read more about this topic: Defense (legal)
Famous quotes containing the words civil, law and/or defenses:
“They who say that women do not desire the right of suffrage, that they prefer masculine domination to self-government, falsify every page of history, every fact in human experience. It has taken the whole power of the civil and canon law to hold woman in the subordinate position which it is said she willingly accepts.”
—Elizabeth Cady Stanton (18151902)
“It has often been a solid Grief to me, when I have reflected on this glorious Nation, which is the Scene of publick Happiness and Liberty, that there are still Crowds of private Tyrants, against whom there neither is any Law now in Being, nor can there be invented any by the Wit of Man. These cruel Men are ill-natured husbands.”
—Richard Steele (16721729)
“We are a nation of politicians, concerned about the outmost defenses only of freedom. It is our childrens children who may perchance be really free.”
—Henry David Thoreau (18171862)