What is a defense? (4 Points) (16c) 1. A defendant’s sated reason why the plaint

Question

What is a defense? (4 Points)

(16c) 1. A defendant’s sated reason why the plaintiff or prosecutor has no valid case; esp., a defendant’s answer, denial, or plea <her defense was that she was 25 miles from the building at the time of the robbery>.

“Defense is defined to be that which is alleged by a party proceeded against in an action or suit, as a reason why the plaintiff should not recover or establish that which he seeks by his complaint or petition.” Edwin E. Bryant, The Law of Pleading Under the codes of Civil Procedure 240 (d fed. 1899).

List 4 defenses to intentional torts. (4 Points)

Define: Intentional tort. (1860) A tort committed by someone acting with general or specific intent. Examples include battery, false imprisonment, and trespass to land.

Self-defense and defense of others

Defense of property

Consent

Necessity

Explanation / Answer

Defense: In simple words, Defense is something which is done as a pre-step against the plaintiff as he or she is going to have a complaint against us.

Intentional Tort: Something which is done intentionally with some motive. Like trespassing on land

The four defenses to intentional tort are:

Self-defense and defense of others

Defense of property

Consent

Necessity

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