Litigation Civil Defenses

Litigation Civil Defenses - Litigation Civil Defenses are legal arguments and strategies used by a party in a civil lawsuit to defend against the claims made by the opposing party, including but not limited to, affirmative defenses, evidentiary defenses, and procedural defenses.

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Litigation Civil Defenses
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Definition and Examples

Definition
Litigation Civil Defenses are legal arguments and strategies used by a party in a civil lawsuit to defend against the claims made by the opposing party, including but not limited to, affirmative defenses, evidentiary defenses, and procedural defenses.
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Translations

en-gb
Civil Litigation Defences
es-es
Defensas Civiles en Litigios
es-mx
Defensas Civiles en Litigios
pt-br
Defesas civis em litígios
fr-fr
Défenses civiles en litige
de-de
Zivilprozessverteidigungen
he-il
הגנות אזרחיות בתביעות משפט
hi-in
लिटिगेशन सिविल रक्षाओं
ja-jp
民事訴訟防御
zh-cn
民事诉讼辩护

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Litigation Civil DefensesLitigation Civil Defenses - Litigation Civil Defenses are legal arguments and strategies used by a party in a civil lawsuit to defend against the claims made by the opposing party, including but not limited to, affirmative defenses, evidentiary defenses, and procedural defenses.Litigation DefensesLitigation Defenses - Legal argument or theory seeking to defeat a legal action, based on either legal or factual grounds.Arbitration and AwardArbitration and Award - Arbitration and Award refers to the process of resolving a legal dispute outside of court, where a neutral third party makes a binding decision on the matter.Unclean HandsUnclean Hands - The concept of "Unclean Hands" refers to a legal defense in civil litigation where the plaintiff's own wrongful conduct or bad faith actions are used to argue against their claim.Lack of Contractual Capacity ClaimLack of Contractual Capacity Claim - A Lack of Contractual Capacity Claim asserts that a party to a contract did not have the legal ability or competence to enter into the agreement, rendering the contract voidable. This claim typically arises due to factors such as minority, mental incapacity, or intoxication.Economic Loss DoctrineEconomic Loss Doctrine - The Economic Loss Doctrine is a legal principle that limits recovery in negligence claims to only economic losses, such as lost profits or property damage, and excludes recovery for personal injury or other non-economic losses.Collateral EstoppelCollateral Estoppel - Collateral Estoppel is a legal doctrine that prevents a party from relitigating an issue that has already been decided in a previous case, even if the parties and legal theories are different.Failure to Provide NoticeFailure to Provide Notice - The failure of a party to provide proper notification or warning as required by law or contract, which may be used as a defense in civil litigation.First Amendment DefenseFirst Amendment Defense - A First Amendment Defense is a legal strategy used in both criminal and civil litigation to protect an individual's right to free speech, religion, press, assembly, and petition as guaranteed by the First Amendment of the United States Constitution.Payment DefensePayment Defense - A Payment Defense is a legal argument or strategy used by a defendant in a civil litigation case to refute or deny the plaintiff's claim for payment.Last Clear Chance DoctrineLast Clear Chance Doctrine - The Last Clear Chance Doctrine is a legal principle in tort law that allows a plaintiff to recover damages even if they were partially at fault, provided the defendant had the final opportunity to avoid the accident but failed to do so. This doctrine mitigates the harshness of contributory negligence by shifting the focus to the defendant's ability to prevent the harm.Failure of ConsiderationFailure of Consideration - Failure of Consideration is a legal defense that asserts that one party did not receive the agreed-upon consideration or value in exchange for their performance or promise, which renders the contract or agreement unenforceable.Failure to Satisfy Conditions PrecedentFailure to Satisfy Conditions Precedent - The Failure to Satisfy Conditions Precedent is a legal defense in civil litigation where the defendant argues that the plaintiff did not fulfill the necessary requirements before bringing the lawsuit.Failure to ArbitrateFailure to Arbitrate - The Failure to Arbitrate is a legal defense that arises when a party fails to comply with an agreement to resolve a dispute through arbitration, instead choosing to pursue litigation.Plaintiff's Felonious ConductPlaintiff's Felonious Conduct - Plaintiff's felonious conduct may prevent liability for damages based on negligence if plaintiff's injuries were in part caused by plaintiff's commission of a felony and plaintiff has been convicted of said felony.Act of God DoctrineAct of God Doctrine - The Act of God Doctrine is a legal defense in civil litigation that excuses a party from liability for damages or injuries caused by natural events that are beyond human control, such as earthquakes, floods, or lightning strikes.Champerty and MaintenanceChamperty and Maintenance - The concept of Champerty and Maintenance refers to the illegal practice of a third party funding a lawsuit in exchange for a share of the proceeds, which can lead to an abuse of the legal system.NovationNovation - The concept of Novation refers to the substitution of a new contract or obligation for an existing one, with the mutual agreement of all parties involved, resulting in the discharge of the original obligation.Copyright Concept ObjectivesCopyright Concept Objectives - Copyright Concept Objectives refer to the criteria that a work must meet to be eligible for copyright protection. These objectives can include originality, expression in a tangible medium, and creativity, ensuring the work is a unique creation of the author.Failure to Mitigate DamagesFailure to Mitigate Damages - The failure of a plaintiff to take reasonable steps to minimize their losses or damages after an injury or breach of contract has occurred, which may limit the amount of damages they can recover in a lawsuit.Discharge in BankruptcyDischarge in Bankruptcy - The concept of Discharge in Bankruptcy refers to the release of a debtor from the obligation to pay certain debts, as ordered by a bankruptcy court.JoinderJoinder - The concept of Joinder refers to the legal process of combining two or more legal cases or parties into a single action, typically to promote efficiency and avoid inconsistent outcomes.InterventionIntervention - An Intervention is a legal action taken by a third party to become involved in a lawsuit between two other parties, typically to protect their own interests or rights.WaiverWaiver - A waiver is a voluntary relinquishment or surrender of some known right, claim, or privilege, often documented in a formal, written statement. A waiver can also be a legal defense that can be used in civil litigation where a party intentionally relinquishes a known right or privilege. A waver is usually prospective (forward-looking), where a Release is usually retrospective (backward-looking).Failure to MediateFailure to Mediate - The concept of Failure to Mediate refers to a civil defense in litigation where one party fails to participate in mediation, which is a process of resolving disputes outside of court with the help of a neutral third party.Adverse Possession of PropertyAdverse Possession of Property - The concept of Adverse Possession of Property refers to a legal defense used in civil litigation cases involving property disputes, where a person claims ownership of a property by occupying it continuously and openly for a certain period of time, without the permission of the legal owner.Discovery and Evidentiary DefensesDiscovery and Evidentiary Defenses - Discovery and Evidentiary Defenses: Legal arguments and strategies used by a party in a civil litigation case to challenge the admissibility or relevance of evidence obtained through the discovery process.Failure to Obtain Auto InsuranceFailure to Obtain Auto Insurance - The failure of an individual to obtain automobile insurance as required by law.Vexatious LitigantVexatious Litigant - A party who has abused the court system by filing too many frivolous lawsuits may be prohibited from filing another suit or matter.Economic Interest DefenseEconomic Interest Defense - A legal defense used in civil litigation that argues that the actions taken by a party were in the best interest of their economic well-being.Proximate CauseProximate CauseStatute of FraudsStatute of Frauds - A legal defense that requires certain types of contracts to be in writing in order to be enforceable in court.Going and Coming RuleGoing and Coming Rule - The going and coming rule prevents employer from being vicariously liable, absent certain exceptions, when an employee is going to, or coming from, work.JusticiabilityJusticiability - Justiciability refers to the suitability of a matter for judicial review, based on whether there is a concrete and actual dispute that can be resolved by a court. A matter is non-justiciable if it falls into categories like political questions, mootness, or lack of standing, which make it inappropriate for judicial intervention.Affirmative DefensesAffirmative Defenses - Affirmative Defenses are legal arguments raised by a defendant in response to a plaintiff's claim, which if proven, can defeat or mitigate the plaintiff's claim, and must be asserted by the defendant in their answer or other responsive pleading.RatificationRatification - Plaintiff approved the acts of the defendant and cannot now complain.Empty ChairEmpty Chair - The Empty Chair is a legal defense strategy in civil litigation where the defendant is absent from the trial and is not represented by counsel.Lack of Insurance CoverageLack of Insurance Coverage - Lack of insurance coverage refers to a situation where an individual or entity does not have an insurance policy, or the existing policy does not cover a specific risk, loss, or event. This can result in financial liability for the uninsured party, who must bear the cost of any damages or losses incurred.Bankruptcy ExemptionsBankruptcy Exemptions - Bankruptcy Exemptions are legal protections that allow individuals filing for bankruptcy to keep certain assets, such as a primary residence or personal property, from being seized by creditors to satisfy outstanding debts.Superseding Intervening CauseSuperseding Intervening Cause - An intervening cause that breaks the chain of causation and relieves the defendant of liability, but only if it is unforeseeable and supersedes the defendant's original act or omission.Assumption of RiskAssumption of Risk - Assumption of Risk is a legal defense that asserts that the plaintiff voluntarily and knowingly assumed the risks associated with a particular activity or situation, and therefore cannot hold the defendant liable for any resulting harm or injury.Immunity and PrivilegeImmunity and Privilege - Immunity and Privilege refers to legal defenses that protect individuals or entities from being held liable or from having to disclose certain information in a legal proceeding. These defenses can include governmental immunity, parental immunity, and various types of privileges such as attorney-client privilege or fair and true reporting privilege.Accord and SatisfactionAccord and Satisfaction - An accord and satisfaction is a legal defense that arises when a debtor offers to pay a creditor a sum of money in exchange for the creditor releasing the debtor from further liability.Product Liability DefensesProduct Liability Defenses - Product Liability Defenses refer to the legal arguments and strategies used by defendants in a product liability case to defend against claims of liability for harm caused by their product, including arguments related to the inherent safety of the product, the scope of its intended use, the knowledge and experience of the user, and the balance of risks and benefits associated with the product.Workers' Compensation Exclusive Remedy DoctrineWorkers' Compensation Exclusive Remedy Doctrine - The Workers' Compensation Exclusive Remedy Doctrine is a legal defense in civil litigation cases that limits the liability of employers for workplace injuries by providing workers' compensation as the sole remedy for employees.Force MajeureForce Majeure - An unforeseeable and uncontrollable event that prevents a party from fulfilling their contractual obligations, and may excuse them from liability for breach of contract.Medical Malpractice DefensesMedical Malpractice Defenses - Medical Malpractice Defenses are legal arguments or strategies used by defendants in a medical malpractice case to defend against the plaintiff's claims of negligence or wrongdoing.Impossibility of PerformanceImpossibility of Performance - The Impossibility of Performance is a legal defense in civil litigation that arises when a party is unable to fulfill their contractual obligations due to circumstances beyond their control, such as an act of God or a change in the law.DuressDuress - Duress is a legal defense that can be used in civil litigation to excuse or justify a party's actions when they were performed under the threat of harm or coercion.IncapacityIncapacity - Incapacity encompasses various conditions that hinder an individual's ability to perform tasks, make decisions, or engage in activities due to physical limitations, cognitive impairments, or emotional challenges. These incapacities may have legal implications in different contexts, such as determining a person's competence, granting accommodations under disability laws, or assessing decision-making abilities in family or mental health-related cases.LimitationsLimitations - The concept of Limitations refers to the legal time constraints that restrict the period within which a party can bring a claim or defense in a civil litigation matter, including statutes of repose, frauds, and limitations, equitable tolling, and laches.Statute of LimitationsStatute of Limitations - A Statute of Limitations is a legal defense that sets a specific time limit for bringing a lawsuit or criminal charges, after which the claim or charges cannot be pursued.Frustration of Purpose DoctrineFrustration of Purpose Doctrine - The Frustration of Purpose Doctrine is a legal defense in civil litigation that allows a party to be excused from performing their contractual obligations when an unforeseen event occurs that completely undermines the purpose of the contract.Parol Evidence RuleParol Evidence Rule - The Parol Evidence Rule is a legal defense in civil litigation that prohibits the introduction of oral or written evidence that contradicts the terms of a written contract.Patent Concept ObjectivesPatent Concept Objectives - Patent Concept Objectives encompass key criteria like Novelty, Obviousness, and Inventive Step that an invention must satisfy to be patentable. These objectives ensure the invention is new, non-obvious, and represents a significant step beyond existing knowledge or technology.Storm in ProgressStorm in Progress - A "Storm in Progress" is a legal concept within the context of civil defenses and litigation, referring to a situation where a legal matter is currently ongoing and actively being pursued.SubrogationSubrogation - Subrogation is a legal concept where an insurance company steps into the shoes of its insured and assumes their rights to recover damages from a third party who caused the loss, after the insurance company has paid out a claim to the insured.Wagoner RuleWagoner Rule - The Wagoner Rule is a legal defense in civil litigation that prevents a trustee from suing third-party professionals for damages caused by the trustee's own misconduct.Contributory NegligenceContributory Negligence - Contributory Negligence: A legal defense that asserts that the plaintiff's own negligence contributed to their injury or damages, and therefore the defendant should not be held fully liable.Bona Fide Occupational QualificationBona Fide Occupational Qualification - A Bona Fide Occupational Qualification (BFOQ) is a work qualification that an employer argues is a necessary requirement for a particular job and is thus allowed to be discriminatory in nature. The legality of a BFOQ depends on its reasonableness and necessity for the specific job in question, usually subject to regulatory oversight or judicial review. For example, a job posting for a restaurant server may require applicants to be at least 18 years of age so they can legally serve alcohol. Another example is requiring at least one security hospital treatment assistant assigned to each psychiatric hospital ward to be the same gender as the ward's patients.ReleaseRelease - A Release is a legal defense used in civil litigation that involves the relinquishment or surrender of a claim or right by one party to another. A Release can also be a legal document in which one party agrees not to pursue legal action against another party in exchange for compensation or other considerations. It signifies the conclusion of a claim or potential claim.Mistake in ContractMistake in Contract - A Mistake in Contract is a legal claim that arises when one or both parties to a contract make an error in the terms of the agreement, which can render the contract void or unenforceable.License (Agreement)License (Agreement) - A License (Agreement) is a legal document that grants permission to use a particular product or service under certain terms and conditions.LachesLaches - Laches is a legal defense that argues that a plaintiff has unreasonably delayed in bringing a claim, causing prejudice to the defendant.In Pari DelictoIn Pari Delicto - A defense in civil litigation that asserts that both parties are equally at fault and therefore neither can recover damages from the other.Necessity of TrespassNecessity of Trespass - The Necessity of Trespass is a legal defense in civil litigation that allows a defendant to justify their trespass onto another's property as necessary to prevent a greater harm.Use Beyond Scope of PermissionUse Beyond Scope of Permission - Use Beyond Scope of Permission refers to a defense strategy in civil litigation where the defendant argues that their actions were not in violation of the law because they were within the scope of their authorized permission.Recreational ImmunityRecreational Immunity - Recreational immunity exists as a defense for owners and/or occupiers of land as long as the plaintiff's recreational use was uninvited, used without fee, and there was no unreasonable risks that the owner/occupier should have known or knew existed.Illegality DoctrineIllegality Doctrine - The Illegality Doctrine is a legal defense used in civil litigation that argues that a plaintiff should not be able to recover damages if their claim is based on an illegal act or transaction.Injury by Fellow ServantInjury by Fellow Servant - An injury caused by a co-worker or fellow employee, which may be used as a defense in a civil litigation case.Stale RentStale Rent - Rent that remains unpaid or uncollected for a prolonged period of time, which may be used as a defense in a civil litigation case.Tendered ContractTendered Contract - A tendered contract is a legal defense in civil litigation where the defendant argues that they offered to perform a contract but the plaintiff refused to accept, thereby releasing the defendant from any further obligation.EstoppelEstoppel - Estoppel is a legal defense that prevents a party from denying or asserting a certain fact or claim due to their own previous actions or statements, which another party relied upon to their detriment.Psychotherapist's Communication of Threat to Victim and Law EnforcementPsychotherapist's Communication of Threat to Victim and Law Enforcement - The communication made by a psychotherapist to a victim and law enforcement regarding a potential threat, within the context of civil litigation defenses.FraudFraud - Fraud is the intentional act of deceiving someone in order to gain an unfair advantage or cause harm.Failure To Use a SeatbeltFailure To Use a Seatbelt - The failure to use a seatbelt refers to the act of not wearing a safety belt while driving or riding in a vehicle, which can be used as a defense in civil litigation cases.Comparative NegligenceComparative Negligence - A legal theory that allows for the apportionment of damages between parties based on their respective degrees of fault or negligence in causing harm or injury.Failure to State a Cause of ActionFailure to State a Cause of Action - The failure to state a cause of action is a defense in civil litigation where the plaintiff's complaint does not contain sufficient facts to support a legal claim.sub_class_ofparent_class_ofsee_alsois_defined_byselfsub_class_ofparent_class_ofsee_alsois_defined_by