In most
litigation under the
common law adversarial system the
defendant, perhaps with the assistance of
counsel, may allege or present defenses (or defences) in order to avoid
liability, civil or criminal.A defendant will often contest the accuracy of the allegations made against him or her in a criminal indictment or in a civil complaint. A defense, by contrast, does not depend on refuting such allegations. Instead, a defense introduces new matter, arguing that, even if the allegations against the defendant are true, the defendant is entitled to prevail for some other reason.
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