Defense ?n.
釋義及詞組節(jié)選
1） ?A defendant's stated 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.> ?答辯理由·
指民事訴訟中被告對原告起訴狀中的主張和請求，或者刑事訴訟中被告人對控訴方的指控所做的否認(rèn)、反駁，以及支持被告人反駁主張的理由、證據(jù)等。
affirmative defense ? 肯定性答辯 ? ?=plea in avoidance; plea in justification ?Cf. negative defense
A defendant's assertion of facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true.
Examples of affirmative defenses are duress ( in a civil case) and insanity and self-defense (in a criminal case).
指被告并不否認(rèn)原告所主張之事實(shí)的真實(shí)性，而是提出其他的理由來說明為什么自己不應(yīng)承擔(dān)責(zé)任的答辯。
這些事由包括和解和清償（accord and satisfaction), 時(shí)效，脅迫等。在刑事訴訟中， 構(gòu)成肯定性答辯的事由包括精神失常、醉酒、自衛(wèi)等。
capacity defense ? 能力欠缺抗辯
A defense based on the defendant's inability ?to be held accountable for an illegal act or the plaintiff's inability to prosecute a lawsuit (as when the plaintiff was a corporation, but has lost its corporate charter).
刑事責(zé)任能力欠缺辯護(hù)指欠缺可能構(gòu)成訴訟的基本能力。
defense of habitation ?居住防衛(wèi)權(quán) ? ?=defense of premises
The defense that conduct constituting a criminal offense is justifies if an aggressor unjustifiably threatens the defendant's place of abode or premises and the defendant engages in conduct that is (1)harmful to the aggressor, (2) sufficient to protect that place of abode or premises, and (3) reasonable in relation to the harm threatened.
指刑事法律中以無力保護(hù)個(gè)人住宅的權(quán)利。可作為刑事案件中的辯護(hù)理由。
dilatory defense ? 延訴抗辯
A defense that temporary obstructs or delays a lawsuit but does not address the merits.
衡平法訴訟中當(dāng)事人所做的旨在暫時(shí)拖延訴訟而不涉及案件實(shí)體問題的答辯。
equitable defense ?衡平法上的抗辯
A defense formerly available only in a court of equity but now maintainable in a court of law.
Examples include mistake, fraud, illegality, failure of consideration, laches, estoppel, and unclean hands.
exculpatory defense ? 無罪辯護(hù)
A defense that, if believed, would exonerate a defendant ( in a trial) or potential defendant ( before a grand jury) of all criminal liability.?
issuable defense? 涉及實(shí)質(zhì)性問題的答辯
Common-law pleading. A plea on the merits setting forth a legal defense. ?Cf. issuable plea
,指就案件的實(shí)體問題提出合法的答辯理由的答辯
peremptory defense ?絕對答辯
A defense that questions the plaintiff's legal right to sue or contends that the right to sue has been extinguished.
指否認(rèn)原告有訴權(quán)的答辯。
public-authority defense ?公共權(quán)力的抗辯 ? ?= entrapment-by-estoppel defense
A criminal defendant's position that a government official, such as a police officer, led him or her to believe, reasonably, that the conduct charged as illegal was authorized.
2) ? A defendant's method and strategy in opposing the plaintiff or the prosecution; a doctrine giving rise to such a method or strategy < the lawyer advised her client to adopt a passive defense and to avoid taking the witness stand>.
3) ?One or more defendants in trial, as well as their counsel < the defense rests.>
4) ?Commercial law. A basis for avoiding liability on a negotiable instrument < the drawer asserted a real defense against the holder in due course>.
personal defense ?屬人抗辯 ? ? =limited defense
An ordinary defense in a contract action - such as failure of consideration or nonperformance of a condition - that the maker or drawer of a negotiable instrument is precluded from raising against a person who has the rights ?of a holder in due course.
合同之訴中的一種普通抗辯，諸如未給付對價(jià)或未履行合同規(guī)定的條件。但在票據(jù)關(guān)系中，票據(jù)的出票人不得對正當(dāng)持票人提出該種抗辯。此外，對正當(dāng)擁有財(cái)產(chǎn)的受讓人亦不得適用屬人抗辯。
5) measures taken by a country or individual to protect against an attack.
6) ?A country's military establishment.
(來源：Black's Law Dictionary, 《元照英美法詞典》，《英漢法律用語詞典》）
