Define: Defence

In law, a defense refers to a legal argument or strategy used by a defendant to counter the allegations or claims made against them in a civil or criminal case. Defences aim to refute the plaintiff’s or prosecutor’s arguments and provide justification or excuse for the defendant’s actions. There are various types of defences, including factual defences, which challenge the accuracy or sufficiency of the evidence presented, and affirmative defences, which assert additional facts that, if proven, would negate liability or mitigate the defendant’s culpability. Common defences in criminal law include self-defence, alibi, insanity, and lack of intent, while civil defences may include contributory negligence, statute of limitations, and waiver. Successfully establishing a defence can result in a verdict of not guilty or a reduction in liability for the defendant. Defence strategies are developed and presented by legal counsel during court proceedings to protect the defendant’s rights and interests under the law.

In legal terms, a defence refers to the strategies or arguments used by a party in a legal proceeding to counter or negate the claims made against them. Defences are presented by defendants in civil and criminal cases to refute the allegations brought by the plaintiff or prosecution. Common types of defences include denial of the allegations, justification (such as self-defence or necessity), alibi, statute of limitations, and procedural defences. The effectiveness of a defence often depends on the evidence presented, legal precedent, and the persuasiveness of the arguments made by the defence counsel.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.