Legal Dictionary
Main Entry:
de·fensePronunciation:
di-'fens, 'dE-"fensFunction:
noun 1 : the act or action of defending —see also
SELF-DEFENSE 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment);
also : the evidence and arguments presented supporting the defendant's opposition —see also
ACCORD,
ALIBI,
ASSUMPTION OF RISK,
COERCION,
CONSENT contributory negligence at
NEGLIGENCE,
DENIAL,
DIMINISHED CAPACITY,
DURESS,
ENTRAPMENT,
ESTOPPEL,
FRAUD,
INFANCY,
INSANITY,
INTOXICATION,
LACHES,
MISTAKE,
NECESSITY,
RES JUDICATA,
STATUTE OF LIMITATIONS
absolute defense : COMPLETE DEFENSE in this entry
af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable
NOTE: The defendant bears the burden of proof as to affirmative defenses.
choice of evils defense : a defense to a criminal charge based on the assertion that the criminal act was committed to avoid the commission of an even greater evil called also
lesser evils defense NOTE: In jurisdictions that recognize the choice of evils defense, it encompasses both of the older defenses of duress and necessity.
complete defense : a defense that shields the defendant from any liability and bars any recovery by the plaintiff —compare
PARTIAL DEFENSE in this entry
lesser evils defense : CHOICE OF EVILS DEFENSE in this entry
meritorious defense : a defense that is based on evidence sufficient to warrant setting aside a default judgment against the defendant in civil litigation
partial defense : a defense by which the defendant reduces the amount of damages of which he or she is liable —compare
COMPLETE DEFENSE in this entry
b : a basis upon which an obligor of a negotiable instrument may avoid liability under the instrument
personal defense : a defense of an obligor under a negotiable instrument that can be asserted against anyone but a holder in due course
real defense : a defense of an obligor of a negotiable instrument that may be asserted even against a holder in due course
NOTE: Section 3-305(a)(1) of the Uniform Commercial Code sets out the real defenses as infancy, duress, lack of legal capacity, illegality of the transaction, fraud in the factum, and discharge of the obligor by a bankruptcy court. By exclusion, all other defenses are personal defenses. 3 : the defending side in a legal proceeding
defense rests> —compare PROSECUTION
[di-fens or, especially for 7, 9, dee-fens] 
noun, verb, -fensed, -fens⋅ing.
) Also called Defense Department. Informal. the Department of Defense.