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Encyclopedia results for Affirmative defense

Affirmative defense





Encyclopedia results for Affirmative defense

  1. Affirmative defense

    Criminal law A defendant offers an affirmative defense when responding to a plaintiff s claim if the defendant ... defendant s conduct. An example of an affirmative defense is Right of self defense self defense ...&pg PA320&dq 22affirmative defense 22 PPA321,M1 ref Description In an affirmative defense, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff s claim. An affirmative defense is known, alternatively, as a justification, or an excuse, defense. ref cite book last Brody first David C. coauthors James R. Acker, Wayne A. Logan ... ?id 2ipUSeStAzQC&pg PA241&dq 22affirmative defense 22 PPA241,M1 ref Consequently, affirmative ... date November 2011 A clear illustration of an affirmative defense is Right of self defense self defense ... controversial affirmative defenses is the insanity defense , ref cite book last Neubauer first David ... waived by the defendant s failure to assert them. The classic unwaivable affirmative defense is lack ... litigation. fact date November 2011 Burden of Proof Because an affirmative defense requires an assertion ... an avoidance or affirmative defense. fact date November 2011 Rule 11 of the Federal Rules of Civil ... inline date November 2011 ref Affirmative v.s. Negating defense An affirmative defense can be different ... Affirmative Defense Category Civil law common law Category Legal defenses ...&pg PA320&dq 22affirmative defense 22 PPA321,M1 ref In its simplest form, a criminal defendant ... Legislative Services Bureau accessdate February 10, 2012 ref Mistake of fact Mistake of fact is not an affirmative defense it does not require proof but it does introduce doubt. In mistake of fact defenses ... doubt, of the required mens rea . It can be used with other defenses such as self defense. Self defense would still be available even if the defendant mistakenly believes that he was in imminent danger ... defense 22 ref whereby a criminal defendant seeks to be excused from criminal liability on the ground ...   more details



  1. Affirmative

    wiktionary affirmative Affirmative can mean Pertaining to truth Pertaining to an assertion disambiguation assertion An answer that shows agreement or acceptance see wikt yes yes Affirmative policy debate , the team which affirms the resolution Affirmative action See also Affirmation disambiguation disambig ...   more details



  1. In the Affirmative

    Infobox Film name In the Affirmative image caption director Claude Lelouch producer writer starring Guy Mairesse actor Guy Mairesse br Janine Magnan music Daniel G rard cinematography Jean Collomb editing distributor released 1962 runtime 85 minutes country Film France language French budget preceded by followed by In the Affirmative lang fr L Amour avec des si is a 1962 cinema of France French film by Claude Lelouch . Though Lelouch had experienced failure with his debut feature Le Propre de l homme , he managed to gain favourable exposure when the film was sent to be exhibited in Sweden and earned compliments from Swedish film director Ingmar Bergman . It was entered into the 14th Berlin International Film Festival . ref name imdb cite web url http www.imdb.com title tt0142082 awards title IMDB.com Awards for In the Affirmative accessdate 2010 02 18 work imdb.com ref Plot The film is a road movie that follows a middle aged man who gives a young woman a lift. On the car radio , news bulletins warn the population against a recently escaped Sadomasochism sadist who is known to prey on young women and children. Lelouch often cuts away from the main story, if only briefly, to parallel events that are not necessarily crucial to the story but illustrate what is suggested by the radio. Cast Guy Mairesse actor Guy Mairesse Robert Blam Janine Magnan L auto stoppeuse Jean Franval Un policier as Franval Richard Saint Bris Le commissaire as Saint Bris France No lle La patronne de l h tel Jacques Martin TV host Jacques Martin Le journaliste Jean Daurand Le patron du relais routier as Daurand Bernard Papineau as Papineau Mosin actor Mosin Jo lle Picaud La victime du bois Lyonnais Jacqueline Morane as Morane Rita Maiden La servante du restaurant References reflist External links imdb title 0142082 In the Affirmative Claude Lelouch CinemaofFrance Category French films Category 1962 films Category French language films Category Films directed by Claude Lelouch Category 1960s drama films ...   more details



  1. Affirmative prayer

    Affirmative prayer is a form of prayer or a Metaphysics metaphysical technique that is focused on a positive outcome rather than a negative situation. For example, a person who is experiencing some form of illness would focus the prayer on the desired state of perfect health and affirm this desired intention as if already happened rather than identifying the illness and then asking God for help to eliminate it. New Thought New Thought beliefs New Thought spirituality originated during the 1880s and has emphasized affirmative prayer as an essential part of its philosophy. ref name Albanese cite ... Science Unity Church Affirmative prayer with a Christian theme is a central practice of the loosely .... Lichtenstein found affirmative prayer to be particularly useful because, he believed that it provided ... year 2005 pages p104 isbn 0 19 504400 2 ref Lichtenstein considered that affirmative prayer is a method ... that the origins of affirmative prayer can be found in the Old Testament book of Psalms , and that affirmations, or affirmative prayer is best offered in silence. ref name Umansky Spiritualism The well ... of affirmative prayer. After the death of her husband Robert Wilcox, she wrote that she had tried in vain to communicate with his spirit, but only after she composed and recited the affirmative prayer ... Affirmative prayer is used by practitioners of African American Hoodoo folk magic hoodoo , ref ... down, this disease is removed from my body and the affirmative payer may be said during a waxing ... Alma Eagan Hyatt Foundation date 1973 ref The explanation for this application of affirmative ... natural event. ref name hyatt Self help William James described affirmative prayer as an element ... Mariner Books year 2006 isbn 0 618 77360 6 ref What sets affirmative prayer apart from secular affirmation ... famous affirmation was Every day in every way, I am getting better and better is that affirmative ... Some members of the self help and self improvement movements who date November 2010 advocate affirmative ...   more details



  1. Affirmative action

    For the history and implementation of affirmative action in the U.S. Affirmative action in the United States Use dmy dates date April 2012 Expert subject multiple Sociology Politics date January 2010 Affirmative ... cite web publisher Stanford University title Affirmative Action url http plato.stanford.edu entries affirmative action accessdate 4 6 2012 ref usually justified as countering the effects of a history of discrimination. Origins The term affirmative action was first used in the United States. It first ... issued Executive Order 11246 which required federal contractors to take affirmative action to hire ... list. ref cite web url http clinton2.nara.gov WH EOP OP html aa aa02.html title Affirmative Action History and Rationale publisher Clinton Administration s Affirmative Action Review Report ... , and Employment equity Canada employment equity in Canada . Purpose Affirmative action is intended ... to ensure that minority group s within a society are included in all programs. The justification for affirmative ... by the ruling class of a culture, ref Sowell, Thomas 2004 . Affirmative Action Around the World .... ref name Affirmative Action cite web url http plato.stanford.edu entries affirmative action title Affirmative Action publisher Stanford Encyclopedia of Philosophy date 1 April 2009 ref The implementation of affirmative action, especially in the United States, is considered by its proponents to be justified ... employment law.lawyers.com employment discrimination Affirmative Action.html title Affirmative Action ... Court has ruled that affirmative action ethnic quotas in universities are discrimination and hence unlawful ... Convention on the Elimination of All Forms of Racial Discrimination stipulates in Article 2.2 that affirmative ... states that the principle of equality sometimes requires States parties to take affirmative action ... equality, affirmative action is rendered illegal because it does not treat all races equally ... affirmative action type legislation, although the Charter does not require legislation that gives preferential ...   more details



  1. Affirmative (policy debate)

    Policy Debate In policy debate , the affirmative AFF is the team which affirms the resolution policy debate resolution . The Affirmative side negates the negative. The affirmative team speaks first and last. They give four speeches First affirmative constructive 1AC Second affirmative constructive 2AC First affirmative rebuttal 1AR Second affirmative rebuttal 2AR References Dartmouth Debate Workshop 2008 . http ddw.wikispaces.com lectures Walton, Justin D. 2001 . http debate.uvm.edu NFL rostrumlib WaltonFeb 2701.pdf Making the Case Tips for Affirmative Case Construction . Rostrum . Retrieved December 30, 2005. See also Negative policy debate Negative Speech and debate stub Category Policy debate ...   more details



  1. Affirmative action in the United States

    sidebar In the United States, affirmative action refers to equal opportunity employment measures ... 2010 05 05 ref Examples of affirmative action offered by the United States Department of Labor include ... programs. ref name ref1 The impetus towards affirmative action is to redress the disadvantages ... discrimination. ref http plato.stanford.edu entries affirmative action ref Further impetus ... Rawls, John Thurnau, Arthur F. title Race, Gender, and Affirmative Action publisher University ... archivedate 4 June 2010 DASHBot deadurl no ref Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticised as a form of reverse discrimination , and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger . Affirmative ... New York Times title Affirmative Action date June 15, 2009 url http topics.nytimes.com topics reference timestopics subjects a affirmative action index.html accessdate 5 May 2010 work The New York ... topics reference timestopics subjects a affirmative action index.html archivedate 21 May 2010 DASHBot deadurl no ref History of term Affirmative action in the United States began as a tool to address ... John F. Kennedy s Executive Order 10925 mandated affirmative action to ensure that applicants .... Johnson elaborated on the importance of affirmative action to achieving true freedom for African Americans ... context of American affirmative action, President Johnson outlined the basic social science view ... of such unseen forces has developed, affirmative action has widened in scope. In 1967, President ... States first major applications of affirmative action, Revised Philadelphia Plan the Philadelphia Plan ... practices of Philadelphia s skilled trade unions. The concept and application of affirmative ... by President Kennedy Established the concept of affirmative action by mandating that projects financed ...   more details



  1. Affirmative action bake sale

    Image RHall.JPG thumb right 175px Royce Hall, University of California, Los Angeles An affirmative action bake sale is a campus protest event used by student groups to illustrate criticism of affirmative action policies, especially as they relate to college and graduate school admissions. According to one bake sale student leader, the goal of the technique is to bring the issue of affirmative action ... preference practices of affirmative action. One idea of such bake sale s is to demonstrate analogies between price discrimination and affirmative action . A typical pricing structure charges 1.00 for White ... pricing is analogous to the preferential treatment created by affirmative action policies. These bake sales have been organized at many schools across the U.S., sometimes annually. Affirmative ... cite web last Jones first Ashby url http blogs.wsj.com law 2009 06 23 bucknell and the affirmative action bakesale title Bucknell and the Affirmative Action Bakesale Law Blog WSJ publisher Blogs.wsj.com ... article 12461.html title John Stossel Discusses Bucknell s Affirmative Action Bake Sale and His ... Bake sales used to protest affirmative action , CNN, December 24, 2003 BROKEN LINK ref Additionally ... institutionalized into the university system. Responding to an affirmative action bake sale ... on a bake sale about affirmative action were tasteless, divisive and hurtful to many members ... this issue of divisiveness, saying we wanted to show how affirmative action is racial division, not racial ... the common misconception that affirmative action policies give academically unqualified minority ... Cookie sale was half baked affirmative action protest publisher Houston Chronicle page D4 date ... 788347.shtml Organizations hosts White Privilege popcorn giveaway , The Daily Illini ref See also Affirmative action Affirmative action in the United States Reverse discrimination Whites Only Scholarship ... Category Affirmative action in the United States Category Political correctness ...   more details



  1. Defense

    wiktionary defense defence NOTOC Defense or defence see American and British English spelling differences ce.2C se ce se may refer to Tactics and strategy small of defending against attack small Defense military Defense sports Defender association football Defenceman ice hockey Biological defense disambiguation a Chess opening as created in reply by Black Self defense Civil defense Politics and economics National security Defense minister International security The defense industry Defense contractor Concepts in law Defense legal Defense of property Right of self defense In psychology Defence mechanism In philosophy Defenses and theodicies regarding the problem of evil See also lookfrom lookfrom Defence intitle intitle Defence A euphemism for war or the military HMS Defence , Royal Navy ships of this name Defense of a doctoral thesis, also called viva voce see dissertation La D fense , a business district in Paris The Grande Arche , commonly known as Arche de la D fense, in Paris DeFence , an artproject Haganah in Hebrew The Defence , a paramilitary organization in British Palestine Tower defense , a type of strategy game The pharmaceutical Cimetidine , used for treating gastric ulcers Defender disambiguation disambiguation an Esfensa az M dafi mumi anlay cs Obrana de Verteidigung es Defensa eo Defendo apartigilo fr D fense hr Obrana id Pertahanan nl Defensie ja pt Defesa ru sk Obrana sl Obramba sr sv F rsvar zh ...   more details



  1. Affirmative Action Around the World

    Infobox book name Affirmative Action Around the World title orig translator image include the file and the image size image caption author Thomas Sowell illustrator cover artist country United States language English series subject affirmative action genre publisher Yale University Press pub date 2004 english pub date media type Hardcover pages 239 isbn ISBN 0300101996 oclc dewey 331.13 3 21 congress HF5549.5.A34 S684 2004 preceded by followed by Affirmative Action Around the World An Empirical Study is a 2004 nonfiction work by economics economist Thomas Sowell . Summary Already known as a critic of affirmative action or race classification of human beings race based hiring and promotion, Sowell, himself African American , analyzes the specific effects of such policies on India , Malaysia , Sri Lanka , and Nigeria , four countries with longer multiethnic histories and then compares them with the recent history of the United States in this regard. He finds that Such programs have at best a negligible impact on the groups they are intended to assist. ref name hoover1 cite web last Sowell first Thomas url http www.hoover.org publications hoover digest article 8108 title Affirmative Action around the World & 124 Hoover Institution publisher Hoover.org date 2004 10 30 accessdate 2011 01 30 ref A sample of his thinking about the danger of perpetual racial preferences is this passage ... www.intellectualconservative.com article3873.html title Affirmative Action Around the World An Empirical ... concludes Despite sweeping claims made for affirmative action programs, an examination of their actual ... States and his use of evidence was skewed to reach an anti affirmative action conclusion. The same ... magazine, agreed with Sowell s arguments that affirmative action has gone far beyond what ... oppression in the United States are unjustified but criticized Sowell s association of affirmative ... 2004 books Category Sociology books Category Affirmative action ...   more details



  1. Chinese for Affirmative Action

    Chinese for Affirmative Action CAA is a San Francisco based advocacy organization. Founded in 1969, its initial goals were equality of access to employment and the creation of job opportunities for Chinese American s. The group broadened its mission in the subsequent decades. ref name caa history cite web url http www.caasf.org history.htm title CAA Four Decades of Civil Rights Leadership accessdate 2007 11 13 work Chinese for Affirmative Action publisher Chinese for Affirmative Action ref As of 2007, its stated mission is to defend and promote the civil and political rights of Chinese and Asian American s within the context of, and in the interest of, advancing multiracial democracy in the United States ref name aacre partners cite web url http www.aacre.org about partners title AACRE Partners accessdate 2007 11 13 work Asian Americans for Civil Rights and Equality archiveurl http web.archive.org web 20070703175654 http www.aacre.org about partners Bot retrieved archive archivedate 2007 07 03 ref Major campaigns CAA represented the plaintiffs in Lau v. Nichols , a 1974 Supreme Court of the United States United States Supreme Court case expanding access to bilingual education. ref name caa history ref cite book last Fine first Doris R. title When Leadership Fails Desegregation and Demoralization in the San Francisco Schools year 1986 publisher Transaction Publishers location Piscataway, New Jersey isbn 0887380794 page 119 ref In 1978, CAA successfully advocated that the United States Census break down the single Asian category on the questionnaire into multiple distinct groups, to help better understand the Asian American population. In 1999, CAA helped advocate increased ... 101300.html accessdate 2007 11 13 ref In 2003, Chinese for Affirmative Action, the Asian Pacific American ... See also Affirmative action Desegregation Asian Americans References Reflist External links http www.caasf.org Chinese for Affirmative Action Chinese American state collapsed Chinese American organizations ...   more details



  1. Gay affirmative psychotherapy

    Gay affirmative psychotherapy is a form of psychotherapy for gay and lesbian clients which encourages them to accept their sexual orientation, and does not attempt to change them to heterosexual, or to eliminate or diminish same sex desires and behaviors. The American Psychological Association APA offers guidelines and materials for gay affirmative psychotherapy. ref name apa guidelines http www.apa.org pi lgbc guidelines.html APA Guidelines for Psychotherapy with Lesbian, Gay, & Bisexual Clients ref Affirmative psychotherapy states that homosexuality or bisexuality is not a mental illness. In fact, embracing and affirming gay identity can be a key component to recovery from other mental illnesses or substance abuse. ref name apa guidelines There are a number of individuals for whom neither gay affirmative therapy nor conversion therapy might be appropriate, however. Clients whose religious beliefs teach against homosexual behavior may require some other method of integration of their conflicting religious and sexual selves. ref cite journal last Haldeman first Douglas url http tcp.sagepub.com cgi content abstract 32 5 691?ck nck title When Sexual and Religious Orientation Collide Considerations in Working with Conflicted Same Sex Attracted Male Clients publisher The Counseling Psychologist volume 32 pages 691 715 year 2004 doi 10.1177 0011000004267560 issue 5 journal The Counseling Psychologist ref Guidelines Countering psychiatry over the past hundred years that saw homosexuality to be a mental illness , current guidelines instead encourage psychotherapists to assist patients ... government ref The German government also made the point that Gay Affirmative Psychotherapy ... Ritter and Anthony Terndrup , 2002 . Handbook of Affirmative Psychotherapy with Lesbians and Gay Men. New York Guilford. ISBN 1572307145 References reflist DEFAULTSORT Gay Affirmative Psychotherapy Category Sexual orientation and psychology de Gay Affirmative Psychotherapy el ...   more details



  1. The Defense

    Infobox book See Wikipedia WikiProject Novels or Wikipedia WikiProject Books name The Defense title orig Zashchita Luzhina translator Vladimir Nabokov and Michael Scammell image Image Defense.jpg 200px image caption 1st edition Russian author Vladimir Nabokov illustrator cover artist country language Russian language Russian genre novel publisher G. P. Putnam s Sons English release date 1930 english release date 1964 media type Print Hardcover Hardback & Paperback pages isbn NA The Defense is third novel written by Vladimir Nabokov during his emigration in Berlin and published in 1930. Publication The novel appeared first under Nabokov s penname V. Sirin in the Russian emigre quarterly Sovremennye Zapiski and was thereafter published by the emigre publishing house Slovo as The Luzhin Defense in Berlin. More than three decades later the novel was translated into English by Michael Scammell in collaboration with Nabokov and appeared in 1964. In the foreword to the English edition Nabokov states that he wrote The Defense in 1929 while he he vacationed in Le Boulou hunting butterflies and then finished it in Berlin. He links the events in the central chapters to moves as encountered in chess problem s. Plot summary The plot concerns the title character, Aleksandr Ivanovich Luzhin. As a boy, he is considered unattractive, withdrawn, and an object of ridicule by his classmates. One day, when a guest comes to his father s party, he is asked whether he knows ... the game, Luzhin has a mental breakdown , which climaxes when his carefully planned defense against ... books, The Defense contains and diffuses the greatest warmth which may seem odd seeing how supremely ... of Madness in Vladimir Nabokov s The Defense Glen Downey writer Glen Downey , The Antigonish Review ... of Luzhin s Defence , The Chess Drum Nabokov Prose DEFAULTSORT Defense Category 1930 novels ... Lu ino gynyba hu Luzsin v delem pl Obrona u yna pt The Defense ru uk ...   more details



  1. Negative conclusion from affirmative premises

    Negative conclusion from affirmative premises is a syllogistic fallacy committed when a categorical syllogism has a negative logical consequence conclusion yet both premise s are affirmative. The inability of affirmative premises to reach a negative conclusion is usually cited as one of the basic rules of constructing a validity valid categorical syllogism. Statements in syllogisms can be identified as the following forms a All A is B. affirmative e No A is B. negative i Some A is B. affirmative o Some A is not B. negative The rule states that a syllogism in which both premises are of form a or i affirmative cannot reach a conclusion of form e or o negative . Exactly one of the premises must be negative to construct a valid syllogism with a negative conclusion. A syllogism with two negative premises commits the related fallacy of exclusive premises . Example invalid aae form Premise All colonels are officers. Premise All officers are soldiers. Conclusion Therefore, no colonels are soldiers. The aao 4 form is perhaps more subtle as it follows many of the rules governing valid syllogisms, except it reaches a negative conclusion from affirmative premises. Invalid aao 4 form All A is B. All B is C. Therefore, some C is not A. This is valid only if A is a proper subset of B and or B is a proper subset of C. However, this argument reaches a faulty conclusion if A, B, and C are equivalence relation equivalent . ref cite book title The use of words in reasoning author Alfred Sidgwick year 1901 publisher A. & C. Black url http books.google.com books?id eScnAQAAIAAJ&pg PA297 pages 297 300 ref ref cite document page 16 title Equivalence of syllogisms author Fred Richman date July 26 ... would contradict the aao 4 argument above All B is A. All C is B. Therefore, all C is A. See also affirmative conclusion from a negative premise , in which a syllogism is invalid because an affirmative ... negfroma.html title Negative Conclusion from Affirmative Premisses work Fallacy Files author Gary ...   more details



  1. Affirmative conclusion from a negative premise

    Affirmative conclusion from a negative premise illicit negative is a logical fallacy that is committed when a categorical syllogism has a positive conclusion, but one or two negative premises. For example No fish are dogs, and no dogs can fly, therefore all fish can fly. The only thing that can be properly inferred from these premises is that some things that are not fish cannot fly, provided that dogs exist. Or We don t read that trash. People who read that trash don t appreciate real literature. Therefore, we appreciate real literature. This could be illustrated mathematically as If A B and B C then A C . It is a fallacy because any valid forms of categorical syllogism that assert a negative premise must have a negative conclusion. See also Negative conclusion from affirmative premises , in which a syllogism is invalid because the conclusion is negative yet the premises are affirmative Fallacy of exclusive premises , in which a syllogism is invalid because both premises are negative References http www.fallacyfiles.org afromneg.html The Fallacy Files Affirmative Conclusion from a Negative Premiss Formal Fallacy Category Syllogistic fallacies he philosophy stub ...   more details



  1. Political defense

    . A shadow defense can be any legal theory, including an affirmative defenses. What makes a legal theory ...A political defense is a defense to a criminal charge in which the defendant asserts at trial the political ... views. A political defense is distinguished from a legal defense . A legal defense, or a technical defense , seeks acquittal by demonstrating that the defendant s conduct did not satisfy all of the elements of the alleged crime. In a political defense, the defendant might concede that the conduct ... because of its political motivation. Some defendants might offer both a technical defense and a political defense. Types of political defenses The form that a political defense will take depends on its ... a defendant might attempt a political defense. Acquittal . Where the conduct is known to have taken place, a political defense might be the only way of obtaining an acquittal. Public advocacy . Defendants ... pre trial discovery, a political defense may permit them to document other parties unjust conduct .... They can be divided into three categories affirmative defenses, inadequacy of mens rea, and shadow defenses. Affirmative Defenses An affirmative defense is a defense established by law, according to which the law endorses conduct that is otherwise illegal. Necessity Defense . A necessity defense ... Me Do It The Applicability of the Necessity Defense to Civil Disobedience author Steven M. Bauer and Peter ... to modify allegedly harmful policies. International law defense . Some courts have held that the Nuremberg ... been acquitted after successfully convincing judges to allow a international law defense. ref http sunsite.berkeley.edu meiklejohn meik peacelaw meik peacelaw 16.html PL 123 25.3 ref Defense of others ... a third person from harm. Execution of public duty . Similar to the defense of others doctrine ... harm or some other illegal conduct. In order to prove this defense, the Defendants will be able to submit ... their action. Shadow defense A shadow defense is a legal defense that will enable the Defendant ...   more details



  1. Defense (legal)

    of pleading . Any of the affirmative defense s. Defenses conferred by statute such as a statute ...Other uses Defense disambiguation Cleanup rewrite date May 2009 Law unref date July 2007 Criminal defenses In civil proceeding s and criminal prosecution s under the common law , a defendant may raise a defense or defence in an attempt to avoid criminal or civil legal liability liability . Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a 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. Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the Legal burden of proof burden of proof . For example, if a defendant in an assault and battery crime battery case attempts to claim provocation legal provocation , the victim of said assault and battery would not have to prove that he did not provoke the plaintiff the defendant would have to prove that the plaintiff did. 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 jurisdiction personal or subject matter jurisdiction .... In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification jurisprudence justification such as Right of self defense self defense and defense of others or defense of property . Costs Litigation is expensive and often may last for months or years ... of ways. Defendants can pay with their own money, through legal defense funds , or legal financing companies. See also Absolute defence Absolute defense Lawsuit Legal defense fund Legal financing DEFAULTSORT Defense Legal Category Legal defenses law term stub be de Alibi et Alibi hr Pravna ...   more details



  1. National defense

    National defense may refer to National security , a nation s use of military, economic and political power to maintain survival National missile defense , a military strategy to shield a country from missiles National Defense Service Medal , a decoration of the U.S. military National Defense Reserve Fleet , a reserve of U.S. merchant ships National Defense University in Washington, D.C. National Defense Medical College in Japan National Defense Medical Center in Taiwan National Defense College of the Philippines National Defense Research Committee in the U.S. in the 1940s National Defense Education Act Government of National Defense in Africa in the 1870s See also Defense military disambig ...   more details



  1. Biological defense

    In biology , often biological defense mechanism , a form of adaptation that promotes the survivability of an organism by protecting it from its natural enemies. Also see chemical defense . In law , a claim that some biological factor present in the defendant provides a defense against the accused crimes, as in the so called Twinkie defense . disambig Category Criminal defenses Category Evolutionary biology Category Ecology ...   more details



  1. The Matrix defense

    Orphan date February 2009 Refimprove date April 2008 The Matrix defense is the term applied to several legal cases of a defense based on the movie The Matrix where reality is actually a computer generation simulism , and that the real world is quite different from what reality is perceived to be. In using this defense, the defendant claims that he or she committed a crime because they believed they were in the Matrix, and not in the real world. This is a version of the insanity defense and considered a descendant of the Taxi Driver defense of John Hinckley , one of the first defenses based on blurring reality with the movies. Regardless of whether the defendant actually believes that he or she was actually living inside the Matrix, this defense has been used successfully to acquit. Tonda Lynn Ansley of Hamilton, Ohio , was found not guilty by reason of insanity using this defense after shooting her landlady in the head in July 2002. Vadim Mieseges of San Francisco offered a Matrix explanation to police after chopping up his landlady, and was declared mentally incompetent to stand trial. Joshua Cooke attempted this defense in 2003 in his trial for the murder of his parents. See also Twinkie defense External links http www.cnn.com 2003 LAW 05 21 ctv.matrix.insanity CNN article on The Matrix cases DEFAULTSORT Matrix defense Category Criminal defenses Category The Matrix franchise Defense criminal law stub ...   more details



  1. Shadow defense

    A shadow defense is a legal defense that cannot be sustained on its own merits, but which opens the door to introducing evidence that will assist in seeking jury nullification , and gives the jury an excuse to acquit. ref citation title Putting on a Jury Nullification Defense and Getting Away with It author Hall Jr., John Wesley year 2003 ref An insanity defense might be used to present evidence about a person s troubled childhood, for instance, or a defendant might claim self defense or duress in order to present evidence about an abusive relationship that, nonetheless, did not present an imminent mortal danger to the defendant. An entrapment defense opens the door to presenting evidence about the behavior of police and informants. It is reversible error for a trial court to refuse a jury instruction on a theory of defense after a defendant makes a threshold showing as to each element of the defense. ref citation title Using Theories and Themes to Acquit the Guilty author Conrad, Clay year 1998 ref References Reflist Category Legal defenses ...   more details



  1. Innovative defense

    Unreferenced date February 2007 Innovative defenses the invention of which is sometimes called creative lawyering are relatively new and untried defense legal defense s for having committed a criminal act. Being innovative, there is little or no precedent bearing upon them. Such defenses include the abuse defense Battered woman defence premenstrual stress syndrome PMS in jurisprudence premenstrual stress syndrome the biological defense the Twinkie Defense Black rage law Black rage urban survival syndrome . Parodies of innovative defenses are sometimes seen in entertainment, for example the Chewbacca Defense . Category Criminal defenses law term stub ...   more details



  1. SODDI Defense

    Orphan date February 2009 Merge to Mistaken identity date May 2011 The SODDI Defense Some Other Dude Did It or Some Other Dude Done It is often used when there is no question that a crime occurred, such as in murder or assault cases, where the defendant is not asserting self defense . The SODDI defense in a murder, rape or assault case is often accompanied by a mistaken identity defense and or an alibi defense. Another common scenario where the SODDI defense is available is where the police find contraband in a car or residence containing multiple people. In this scenario, each person present could assert that one of the other people possessed the contraband. In Holmes v. South Carolina , 547 U.S. 319, 126 S. Ct. 1727, 1731, 164 L. Ed. 2d 503 2006 , the Supreme Court held that a South Carolina statute that prohibited putting on a SODDI defense when the state s case was strong violated the Sixth Amendment right to put on a defense. ref http west.thomson.com store filingandshelvingdownload.aspx?file 131720 2007187 72649.pdf Professional Responsibility in Criminal Defense Practice. ref Another example of SODDI defense was the case of Lewis Scooter Libby , who was indicted for obstructing justice and making false statements to a government agent and a grand jury. ref http dir.salon.com story news feature 2005 11 19 libby Lewis Libby s some other dude did it defense. Salon.com ref One variation of the SODDI defense is the Trojan Horse Defense in cybercrime cases. The main argument is that a virus or malware is responsible for the defendant s actions. ref http www.cerias.purdue.edu symposium 2005 materials pdfs 21F 371.pdf The Trojan Horse Defense in Cybercrime Cases. Purdue University. ref ref http www.theregister.co.uk 2004 01 20 the giant wooden horse did The Giant Wooden Horse Did It The Register ref See also It Wasn t Me The .22Shaggy defense.22 The Shaggy defense References reflist Category Criminal law Category Informal legal terms criminal law stub ...   more details



  1. Defense Update

    Infobox newspaper name Defense Update image Commented out File defense update.jpg type Online magazine ... Defense Update Multiple issues advert March 2010 primarysources March 2010 date June 2011 Defense Update is an online defense magazine published by Lance & Shield Ltd. from Israel . ref http books.google.com ...&ved 0CFYQ6AEwBQ v onepage&q 22defense 20update 22 20magazine&f false ref History Defense ... It was the first international defense publication published from Israel, and the first privately operated defense magazine published in Israel. Initially it was known as Born in Battle , commemorating ... Defense Forces IDF 30th anniversary, Israel Air Force s 30th anniversary, the Yom Kippur War , Israel ... to Defense Update International . Over the next 12 years 99 issues of Defense Update were published .... Defense Update enjoyed a large and enthusiastic readership across the world, due to the new popular ..., in a well understood language by laymen, amateurs and military historians. Defense Update remained ... task at that time. At the peak of its success, during the late Eighties, Defense Update was published simultaneously in four languages English, German, French and Hebrew . Defense Update ceased ... closer to Israel s growing defense industries and especially its defense export establishment. Growing with the local industry, Defense Update s publisher Lance & Shield embarked on a new concept, supporting Israel s defense export activities with a dedicated magazine, highlighting Israel s unique defense technology programs. The magazine called Defense Review International was published periodically in support of major airshows and defense exhibitions, contributing to the recognition, brand and awareness of Israel s defense systems. The editor was Tamir Eshel, David s son and the assistant editor in charge of the production of Defense Update publications. By the year 1994 Defense Review International was transformed from print publication into a CDROM based directory style ...   more details



  1. Chemical defense

    expert date February 2011 Chemical defense is the use of compounds by plants and animals to deter herbivory and predation . In plants Main Plant defense against herbivory Chemical defense against herbivory is common. The production of capsaicin in many strains of bell pepper s is one such defense familiar to humans. In animals Chemical defense is most common in insects , but the skunk is a particularly dramatic mammal ian example. Other examples include the bombardier beetle which can accurately shoot a predator with a stream of boiling poison, the ornate moth which excretes a frothy alkaloid mixture, and the Pacific beetle cockroach sprays a quinone mixture from modified spiracle s. ecology stub Category Evolutionary biology Category Herbivory Category Predation ...   more details




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