Explore tens of thousands of sets crafted by our community.
Legal Defenses Overview
30
Flashcards
0/30
Impossibility
A defense that claims either it was legally or factually impossible to commit the crime in question. It is relatively rare and used in specific criminal cases.
Good Faith
A defense in which the defendant claims they honestly and sincerely believed their actions were correct or legal at the time. This can be relevant in contract disputes and employment law.
Abandonment
A defense in which the defendant proves that they decided to abandon their criminal intent and cease participation in the crime. It differs from withdrawal due to lack of initial collaboration with others.
Double Jeopardy
A constitutional defense that prevents an accused person from being tried again on the same or similar charges following a legitimate acquittal or conviction. It is invoked after a verdict is reached.
Inevitable Discovery
A doctrine used by the prosecution to argue that evidence obtained illegally would have been eventually found by legal means. It is employed in criminal cases to prevent the exclusion of evidence.
Withdrawal
A defense asserting that the defendant withdrew from participating in a crime before it was committed. It is applicable in conspiracy or complicity cases.
Coercion
A defense similar to duress, arguing that the defendant was forced to commit an unlawful act because of the threat of violence or other penalty. Used in both civil and criminal cases.
Self-Defense
A legal justification for using force to protect oneself from harm. It is used when a person reasonably believes that they are in imminent danger of physical harm.
Statute of Limitations
A defense claiming the lawsuit or charges are filed too late, outside of the legally prescribed time frame. It is used in both civil cases and criminal cases.
Defense of Property
A defense claiming the use of reasonable force to protect one's property from theft, destruction, or trespassing. Lethal force is often not justified solely to protect property.
Automatism
A defense where the defendant claims unconscious, involuntary behavior led to the crime, sometimes due to a medical condition. It is used in cases where intent is a necessary element.
Mistake of Fact
A defense arguing the defendant made an error about a material fact leading to the alleged infraction. It is mostly used in criminal cases where the intent is a factor.
Defense of Others
A defense similar to self-defense where the accused argues they were protecting another person from immediate harm. It is acceptable in situations mirroring the requirements for self-defense.
Necessity
A defense used when a defendant argues they had to commit a usually criminal act in order to prevent a greater harm. It is seen in emergency situations like a medical crisis.
Entrapment
A defense asserting the defendant was induced by the police or government agents to commit a crime they would not have otherwise committed. It is used in criminal cases.
Qualified Immunity
A defense that shields government officials from being held personally liable for constitutional violations when the right was not 'clearly established'. It is relevant in civil rights cases.
Infancy
A defense based on the age of the defendant, stating a child was too young to understand the wrongfulness of their actions. It is used in juvenile cases.
Intoxication
A defense claiming a defendant was unable to form intent due to being under the influence of drugs or alcohol. It is generally applicable in specific intent crimes.
Failure of Proof
A defense argument that the prosecution has not met its burden of proving all elements of a crime beyond a reasonable doubt. It is a common defense in all types of criminal cases.
Diplomatic Immunity
A defense based on international law where certain foreign government officials are not subject to the jurisdiction of local courts. It is applicable in both civil and criminal matters.
Alibi
A defense strategy where the defendant proves they were in another place when the crime was committed and could not have been the perpetrator. It is used in criminal cases.
Justification
A legal defense where the defendant admits to the act but argues it was permissible under the circumstances. Examples include self-defense, defense of others, and defense of property.
Diminished Capacity
A plea where the defendant acknowledges committing the alleged act but contends they cannot be held fully responsible due to an impaired mental condition. It is used to argue for a lesser charge.
Judicial Immunity
A form of legal immunity for judges and court officers that protects them from lawsuits for official conduct in their role as a judicial officer. It applies to civil lawsuits.
Excuse
A type of defense where the defendant admits to committing the act but claims they should not be held fully responsible due to extenuating personal circumstances, such as insanity or duress.
Legislative Immunity
A legal defense that protects lawmakers from being sued or prosecuted for legislative acts. It is used to enable legislators to perform their duties without fear of legal reprisal.
Duress
A defense asserting that a person committed a crime or act due to immediate threat of harm by another. It is often raised in contract disputes and some criminal cases.
Sovereign Immunity
A legal doctrine that a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. It is invoked in cases against governments or state officials.
Consent
A defense claiming that the plaintiff agreed to the defendant's conduct, negating liability. It is often used in cases involving sexual assault or medical procedures.
Insanity
A defense by which a defendant argues lack of responsibility due to a mental disorder. It is used in criminal cases, often with requirements to prove the defendant could not understand their actions.
© Hypatia.Tech. 2024 All rights reserved.