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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. [1] In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (the plaintiff in American jurisdictions or claimant in English law) has suffered harm to their ...
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
In US civil cases (e.g., personal injury or a landlord-tenant dispute), public defenders may be appointed in civil cases that are quasi-criminal in nature (e.g., removal of children from parents and civil commitments for alleged sexually violent predators) [28] or in highly unusual situations where the civil proceedings may be highly connected ...
The dock belongs to Dave. Dave attempts to exercise the privilege of defense of property, as Paula would ordinarily be committing a trespass to land in this situation, and unties the vessel. Paula therefore drifts back away from the shore. Her boat is damaged, and she suffers personal injuries, both as a result of the storm.
The duty to defend is a contractual indemnitor or liability insurer's duty to defend the insured or indemnified party against claims. It is generally broader than the duty to indemnify and may cover defense against claims where ultimately no damage is awarded, and possibly even against claims that would not be covered by the duty to indemnify. [1]
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