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)
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“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.”
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