Defense (legal) - Civil Law Defenses

Civil Law Defenses

See also: Category:Equitable defenses

In 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.

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