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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. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the burden of proof. For example, if a defendant in an assault and battery case attempts to claim provocation, the victim of said assault and battery would not have to prove that he did not provoke the defendant; the defendant would have to prove that the plaintiff did. ==Civil law defenses== In common law, a defendant may raise any of the numerous defenses to limit or avoid liability. These include: * Lack of personal or subject matter 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 In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification - such as self-defense and defense of others or defense of property. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Defense (legal)」の詳細全文を読む スポンサード リンク
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