Defense (legal) facts for kids

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability. It is an answer, made by a defendant to a plaintiff's action or a denial of a prosecutor's charges. It is also an answer in equity.

Civil law defenses

Under common law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include:

Lack of jurisdiction of the court, such as diplomatic immunity.
Failure to state a cause of action or other insufficiencies of pleading.
Any of the affirmative defenses.
Defenses conferred by statute - such as a statute of limitations or the statute of frauds.
Ex turpi causa non oritur actio - the action against the defendant arises from an illegality.
Volenti non fit injuria - consent by the victim or plaintiff.
In pari delicto - both sides equally at fault
Unclean hands