Term
DEFENSES
WHAT IS A DEFENSE? |
|
Definition
| A defense seeks to mitigate, explain away or completely remove the liability of the defendant. |
|
|
Term
|
Definition
Defendant admitting that they used violence against plaintiff, but offers an explanation. But... is the core of the defense.
In self-defense, the response MUST be equal to the threat.
There are limitations on self-defense: 1. No self-defense for aggressors; 2. No self-defense for martial artists.
Sometimes can claim when defending others. No deadly force to protect property.
MUTUAL COMBAT: Agreed fight.
CONSENT Based on the premise that the plaintiff agreed to whatever injury he received from plaintiff. |
|
|
Term
| DURESS, NECESSITY, COMPULSION AND COERCION |
|
Definition
| DURESS: Forced to carry out an act because someone was threatening physical safety. |
|
|
Term
|
Definition
| Closely related to duress, no essential difference between the two. When person claims coercion they're admitting that they committed the act, but they were forced to do so by physical or other type of threat. |
|
|
Term
|
Definition
| Necessity similar to duress. When defendant claims necessity, he admits that he carried out the wrong to the plaintiff, but that he did so only to avoid some greater catastrophe. (Such as breaking into a barn, trespassing, causing damage to property, but it was due to a bad storm he had to get shelter.) |
|
|
Term
|
Definition
| Defense of compulsion actually goes to the mental state of the defendant at the time they committed the tort. |
|
|
Term
|
Definition
Not permitted to use this as a defense, the reverse situation can be a defense. If person becomes too intoxicated without their knowledge or intent, that person may be allowed to use it as a defense.
Involuntarily intoxicated means the person was exposed to chemicals or fumes or something that threw off their mental balance. This is the type of involuntary intoxication the law recognizes as a valid defense. |
|
|
Term
|
Definition
| In most jurisdictions, a child under the age of 7 is NOT considered to be responsible for their actions. If the child commits battery, or any other tort, the law will not permit an action against the child. |
|
|
Term
|
Definition
When person raises the defense of insanity, they are saying that they're not legally responsible for their actions. The law will not allow a legally insane person to be found liable in a civil suit. Insane people do not have to pay judgments to plaintiffs. However, what is legal insanity? In most jurisdictions, the standard to determine legal insanity is that the defendant, at the time of the incident, did not know the difference between right or wrong. |
|
|
Term
| TWO FORMS OF INSANITY DEFENSE |
|
Definition
| Claim of immunity is a defense that states that the plaintiff is legally barred from suing the defendant. When person is immuned from suit, it means they are legally barred from suing the plaintiff. |
|
|
Term
|
Definition
| When defendants raise the claim of privilege, they are agreeing that they dd commit the act, but the act is protected from lawsuits by a statute or other law. |
|
|
Term
| DEFENSES AVAILABLE TO CO-DEFENDANTS |
|
Definition
Among the defenses available, the defendant has a right to apportion blame against a co-defendant. In cases where codefendants are present, the defendant has a right to assess blame for the plaintiff's injuries against the other defendant.
JOINT AND SEVERAL LIABILITY: Under this doctrine, plaintiff who has been injured by more than one defendant has a right to sue both and seek total damages against both of them.
VICARIOUS LIABILITY: Closely associated with joint & several liability is vicarious liability. When one defendant held responsible for the actions of another.
1. Respondeat superior
2. Family purpose doctrine
3. Joint enterprise |
|
|
