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:
“We have heard all of our lives how, after the Civil War was over, the South went back to straighten itself out and make a living again. It was for many years a voiceless part of the government. The balance of power moved away from it—to the north and the east. The problems of the north and the east became the big problem of the country and nobody paid much attention to the economic unbalance the South had left as its only choice.”
—Lyndon Baines Johnson (1908–1973)
“For through the law I died to the law, so that I might live to God. I have been crucified with Christ; and it is no longer I who live, but it is Christ who lives in me. And the life I now live in the flesh I live by faith in the Son of God, who loved me and gave himself for me.”
—Bible: New Testament, Galatians 2:19-20.
“We are a nation of politicians, concerned about the outmost defenses only of freedom. It is our children’s children who may perchance be really free.”
—Henry David Thoreau (1817–1862)