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Absolute Defence
In law, an absolute defence (or defense) is a factual circumstance or argument that, if proven, will end the litigation in favor of the defendant. The concept of an absolute defence is not a rigid one. Statutes frequently use the term merely as a synonym to "full" or "complete". It is more often used, however, as a term of art in both criminal and civil law to refer to an underlying set of facts and laws, not raised by the complaint or indictment, which will require the defendant's dismissal even if the factual allegations of the complaining pleading are true. Another characteristic of an absolute defence is that, when it is pleaded and proven, it is not subject to mitigation or collateral attack. Examples of ''absolute defences'' include: * ''Truth'' of an allegedly libelous statement (in modern defamation): a person cannot be made to pay damages for a defamatory statement, if the person can show that the statement is true (even if the statement is damaging, and the person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil legal liability, liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely Mitigation, mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen – to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state insti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defence
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. Physical Physical self-defense is using physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many martial arts styles are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts teach how to escape from a knife or gun situation or how to break away from a punch, while others teach how to attack. Many modern m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right Of Self-defence
The right of self-defense is the right for people as individuals to commit a crime, violent or non-violent, for the purpose of defending their own life (self-defense) and property, or to defend the lives of others, in certain circumstances. For example, while reckless driving is usually against the law, it can be justified if it was done to avoid a collision. The right, when it applies to the defense of another, is also called alter ego defense, defense of others, defense of a third person. Nations and states also have a right to self-defense in relation to their existence and independence. In criminal law, if a defendant commits a crime because of a threat of deadly or grievous harm, or a reasonable perception of such harm, the defendant is said to have a "perfect self-defense" justification.Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder If a defendant commits a crime because of such a perception, and the perception is not reaso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Withdrawal (military)
A tactical withdrawal or retreating defensive action is a type of military operation, generally meaning that retreating forces draw back while maintaining contact with the enemy. A withdrawal may be undertaken as part of a general retreat, to consolidate forces, to occupy ground that is more easily defended, force the enemy to overextend to secure a decisive victory, or to lead the enemy into an ambush. It is considered a relatively risky operation, requiring discipline to keep from turning into a disorganized rout or at the very least doing severe damage to the military's morale. Tactical withdrawal A withdrawal may be anticipated, as when a defending force is outmatched or on disadvantageous ground, but it must cause as much damage to an enemy as possible. In such a case, the retreating force may use a number of tactics and strategies to further impede the enemy's progress. That could include setting mines or booby traps during or before the withdrawal, leading the enemy in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign Immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a monarch, sovereign or State (polity), state cannot commit a legal wrong and is immune from lawsuit, civil suit or criminal law, criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts. History Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim ''rex non potest peccare'', meaning "the king can do no wrong". Forms There are two f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State (polity)
A state is a politics, political entity that regulates society and the population within a definite territory. Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrative divisions. A state may be a unitary state or some type of federation, federal union; in the latter type, the term "state" is sometimes used to refer to the federated state, federated polities that make up the federation, and they may have some of the attributes of a sovereign state, except being under their federation and without the same capacity to act internationally. (Other terms that are used in such federal systems may include "province", "Region#Administrative regions, region" or other terms.) For most of prehistory, people lived in stateless societies. The earliest forms of states arose about 5,500 years ago. Over time societies became more Social stratification, stratified and developed institutions leading to Centra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partial Defence
In legal systems based on common law, a partial defence is a defence that does not completely absolve the defendant of guilt. A claim of self-defence, for example, may be a complete defence to a charge of murder, leading to an acquittal; or it may be a partial defence, which leads to conviction to a lesser verdict, such as manslaughter. In England and Wales, successfully pleading a partial defence for murder may reduce the conviction to voluntary manslaughter. There are three types of partial defence - loss of control, diminished responsibility and suicide pact. These defences can only be applied to the charge of murder as per section 54 of the Coroners and Justice Act 2009 The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *Preventing criminals from profiting from public .... The earlier defence of provocation was abolished ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
