| slovo | definícia |
defence
(mass) | defence
- obrana |
defence
(encz) | defence,obrana n: Zdeněk Brož |
Defence
(gcide) | Defence \De*fence"\ (d[-e]*f[e^]ns"), n. & v. t.
See Defense.
[1913 Webster] |
Defence
(gcide) | Defense \De*fense"\, Defence \De*fence"\, n. [F. d['e]fense, OF.
defense, fem., defens, masc., fr. L. defensa (cf. LL.
defensum), from defendere. See Defend, and cf. Fence.]
1. The act of defending, or the state of being defended;
protection, as from violence or danger.
[1913 Webster]
In cases of defense 't is best to weigh
The enemy more mighty than he seems. --Shak.
[1913 Webster]
2. That which defends or protects; anything employed to
oppose attack, ward off violence or danger, or maintain
security; a guard; a protection.
[1913 Webster]
War would arise in defense of the right. --Tennyson.
[1913 Webster]
God, the widow's champion and defense. --Shak.
[1913 Webster]
3. Protecting plea; vindication; justification.
[1913 Webster]
Men, brethren, and fathers, hear ye my defense.
--Acts xxii.
1.
[1913 Webster]
4. (Law) The defendant's answer or plea; an opposing or
denial of the truth or validity of the plaintiff's or
prosecutor's case; the method of proceeding adopted by the
defendant to protect himself against the plaintiff's
action.
[1913 Webster]
5. Act or skill in making defense; defensive plan or policy;
practice in self defense, as in fencing, boxing, etc.
[1913 Webster]
A man of great defense. --Spenser.
[1913 Webster]
By how much defense is better than no skill. --Shak.
[1913 Webster]
6. Prohibition; a prohibitory ordinance. [Obs.]
[1913 Webster]
Severe defenses . . . against wearing any linen
under a certain breadth. --Sir W.
Temple.
[1913 Webster] |
defence
(gcide) | Defense \De*fense"\, v. t.
To furnish with defenses; to fortify. [Obs.] [Written also
defence.]
[1913 Webster]
Better manned and more strongly defensed. --Hales.
[1913 Webster] |
defence
(wn) | defence
n 1: (psychiatry) an unconscious process that tries to reduce
the anxiety associated with instinctive desires [syn:
defense mechanism, defense reaction, {defence
mechanism}, defence reaction, defense, defence]
2: (sports) the team that is trying to prevent the other team
from scoring; "his teams are always good on defense" [syn:
defense, defence, defending team] [ant: offence,
offense]
3: the defendant and his legal advisors collectively; "the
defense called for a mistrial" [syn: defense, defence,
defense team, defense lawyers] [ant: prosecution]
4: an organization of defenders that provides resistance against
attack; "he joined the defense against invasion" [syn:
defense, defence, defense force, defence force]
5: the speech act of answering an attack on your assertions;
"his refutation of the charges was short and persuasive"; "in
defense he said the other man started it" [syn: refutation,
defense, defence]
6: the justification for some act or belief; "he offered a
persuasive defense of the theory" [syn: defense, defence,
vindication]
7: a structure used to defend against attack; "the artillery
battered down the defenses" [syn: defensive structure,
defense, defence]
8: a defendant's answer or plea denying the truth of the charges
against him; "he gave evidence for the defense" [syn:
defense, defence, denial, demurrer] [ant: {criminal
prosecution}, prosecution]
9: (military) military action or resources protecting a country
against potential enemies; "they died in the defense of
Stalingrad"; "they were developed for the defense program"
[syn: defense, defence, defensive measure]
10: protection from harm; "sanitation is the best defense
against disease" [syn: defense, defence]
11: the act of defending someone or something against attack or
injury; "a good boxer needs a good defense"; "defense
against hurricanes is an urgent problem" [syn: defense,
defence] |
DEFENCE
(bouvier) | DEFENCE, torts. A forcible resistance of an attack by force.
2. A man is justified, in defending his person, that of his wife,
children, and servants, and for this purpose he may use as much force as may
be necessary, even to killing the assailant, remembering that the means used
must always be proportioned to the occasion, and an excess becomes, itself,
an injury.
3. A man may also repel force by force in defence of his personal
property, and even justify homicide against one Who manifestly intends or
endeavors by violence or surprise to commit a known felony, as robbery.
4. With respect to the defence or protection of the possession of real
property, although it is justifiable even to kill a person in the act of
attempting to commit a forcible felony, as burglary or arson, yet this
justification can only take place when the party in possession is wholly
without fault. 1 Hale, 440, 444; 1 East, P. C. 259, 277. When a forcible
attack is made upon the dwelling-house of another, without any felonious
intent, but barely to commit a trespass, it is in general lawful to oppose
force by force, when the former was clearly illegal. 7 Bing. 305; S. C. 20
Eng. C. L. Rep. 139. Vide, generally, Ham. N. P. 136, 151 1 Chit. Pr. 589,
616; Grot. lib. 2, c. 1 Rutherf. Inst. B. 1, c. 16.
|
DEFENCE
(bouvier) | DEFENCE, pleading, practice. It is defined to be the denial of the truth or
validity of the complaint, and does not signify a justification. It is a
general assertion that the plaintiff has no ground of action, which
assertion is afterwards extended and maintained in the plea. 3 Bl. Com. 296;
Co. Litt. 127. It is similar to the contestatio litis of the civilians.
2. Defence is of two descriptions; first half defence, which is as
follows, "venit et defendit vim et injuriam, et dicit," &c.; or secondly,
full defence, "venit et defendit vim et injuriam, quando," &c. meaning
"quando et ubi curia consideravit," (or when and where it shall behoove
him,) "et damna et quicquid quod ipse defendere debet et dicit," &c. Co.
Litt. 127, b; Bac. Abr. Pleas, D Willis, 41.
3. In strictness, the words quando, &c. ought not to be added when only
half defence is to be made; and after the words "venit et defendit vim et
injuriam," the subject matter of the plea should immediately be stated.
Gilb. C. P. 188; 8 T. R. 6 3 2; 3 B. & P. 9, n. a.
4. It has, however, now become the practice in all cases, whether half
or full defence be intended, to, state it a's follows: "And the said C D, by
M N, his attorney, comes and defends the wrong, (or in trespass, force) and
injury, when, &c. and says," which will be considered only as half defence
in cases where such defence should be made, and as full defence where the
latter is necessary. 8 T. R. 633; Willis, 41 3 B. & P. 9; 2 Saund. 209, c.
5. If full defence were made expressly by the words "when and where it
shall behoove him," and "the damages and whatever else he ought to defend,"
the defendant would be precluded from pleading to the jurisdiction or in
abatement, for by defending when and where it shall behoove him, the
defendant acknowledges the jurisdiction of the court and by defending the
damages he waives all. exception to the person of the plaintiff. 2 Saund.
209, c.; 3 Bl. Com. 297 Co. Litt. 127, b Bac. Abr. Pleas, D.
6. Want of defence being only matter of form, the omission is aided by
general demurrer. 3 Salk. 271. See further, 7 Vin. Abr. 497; 1 Chit. Pl.
410; Com. Dig. Abatement, I 16; Gould. on Pl. c. 2, s. 6-15; Steph. Pl. 430.
7. In another sense, defence signifies a justification; as, the
defendant has made a successful defence to the charge laid in the
indictment.
8. The Act of Congress of April 30, 1790, 1 Story, L. U. S. 89, acting
upon the principles adopted in perhaps all the states, enacts, Sec. 28, that
every person accused and indicted of the crime of treason, or other capital
offence, shall "be allowed and admitted to make his full defence by counsel
learned in the law; and the court before whom such person shall be tried, or
some judge thereof, shall, and they are hereby authorized and requited,
immediately upon his request, to assign to such person such counsel, not
exceeding two, as such person shall desire, to whom such counsel shall have
free access, at all seasonable hours; and every such person or persons,
accused or indicted of the crimes aforesaid, shall be allowed and admitted
in his said defence, to make any proof that he or they can produce, by
lawful witness or witnesses, and shall have the like process of the court
where he or they shall be tried, to compel his or their witnesses to appear
at his or their trial, as is usually granted to compel witnesses to appear
on the prosecution against them."
9. Defences in equity may be classed in two divisions, namely into
dilatory defences, (q.v.) and into those which are peremptory. Matters of
peremptory or permanent defences may be also divided into two sorts, first,
those where the plaintiff never had any right to institute the suit; for
example: 1. That the plaintiff had not a superior right to the defendant. 2.
That the defendant has no interest. 3. That there is no privity between the
plaintiff and defendant, or any right to sustain the suit. Secondly, those
that insist that the original right, if any, is extinguished or determined;
as, 1. When the right is determined by the act of the parties; or, 2. When
it is determined by operation of law. 4 Bouv. Inst. n. 4199, et seq.; 1
Montag. Eq. Pl. 89. See Dilatory Defence; Merits.
|
| | podobné slovo | definícia |
chemical defence
(encz) | chemical defence, n: |
defence force
(encz) | defence force, n: |
defence mechanism
(encz) | defence mechanism, n: |
defence policy
(encz) | defence policy, n: |
defence program
(encz) | defence program, n: |
defence reaction
(encz) | defence reaction, n: |
defence system
(encz) | defence system, n: |
defenceless
(encz) | defenceless,bezbranný adj: Zdeněk Brož |
defencelessly
(encz) | defencelessly, adv: |
defencelessness
(encz) | defencelessness,bezbrannost n: Zdeněk Brož |
defences
(encz) | defences,obrany n: pl. Zdeněk Broždefences,opevnění n: Zdeněk Brož |
deliberate defence
(encz) | deliberate defence, n: |
environmental defence fund
(encz) | Environmental Defence Fund,Environmental Defence Fund [eko.] RNDr.
Pavel Piskač |
hasty defence
(encz) | hasty defence, n: |
line of defence
(encz) | line of defence, n: |
missile defence system
(encz) | missile defence system, n: |
natural resources defence council
(encz) | Natural Resources Defence Council,Natural Resources Defence
Council [eko.] RNDr. Pavel Piskač |
self-defence
(encz) | self-defence,sebeobrana n: Zdeněk Brož |
environmental defence fund
(czen) | Environmental Defence Fund,Environmental Defence Fund[eko.] RNDr. Pavel
Piskač |
natural resources defence council
(czen) | Natural Resources Defence Council,Natural Resources Defence
Council[eko.] RNDr. Pavel Piskač |
Defence
(gcide) | Defence \De*fence"\ (d[-e]*f[e^]ns"), n. & v. t.
See Defense.
[1913 Webster]Defense \De*fense"\, Defence \De*fence"\, n. [F. d['e]fense, OF.
defense, fem., defens, masc., fr. L. defensa (cf. LL.
defensum), from defendere. See Defend, and cf. Fence.]
1. The act of defending, or the state of being defended;
protection, as from violence or danger.
[1913 Webster]
In cases of defense 't is best to weigh
The enemy more mighty than he seems. --Shak.
[1913 Webster]
2. That which defends or protects; anything employed to
oppose attack, ward off violence or danger, or maintain
security; a guard; a protection.
[1913 Webster]
War would arise in defense of the right. --Tennyson.
[1913 Webster]
God, the widow's champion and defense. --Shak.
[1913 Webster]
3. Protecting plea; vindication; justification.
[1913 Webster]
Men, brethren, and fathers, hear ye my defense.
--Acts xxii.
1.
[1913 Webster]
4. (Law) The defendant's answer or plea; an opposing or
denial of the truth or validity of the plaintiff's or
prosecutor's case; the method of proceeding adopted by the
defendant to protect himself against the plaintiff's
action.
[1913 Webster]
5. Act or skill in making defense; defensive plan or policy;
practice in self defense, as in fencing, boxing, etc.
[1913 Webster]
A man of great defense. --Spenser.
[1913 Webster]
By how much defense is better than no skill. --Shak.
[1913 Webster]
6. Prohibition; a prohibitory ordinance. [Obs.]
[1913 Webster]
Severe defenses . . . against wearing any linen
under a certain breadth. --Sir W.
Temple.
[1913 Webster]Defense \De*fense"\, v. t.
To furnish with defenses; to fortify. [Obs.] [Written also
defence.]
[1913 Webster]
Better manned and more strongly defensed. --Hales.
[1913 Webster] |
Defence in bar
(gcide) | Bar \Bar\ (b[aum]r), n. [OE. barre, F. barre, fr. LL. barra, W.
bar the branch of a tree, bar, baren branch, Gael. & Ir.
barra bar. [root]91.]
1. A piece of wood, metal, or other material, long in
proportion to its breadth or thickness, used as a lever
and for various other purposes, but especially for a
hindrance, obstruction, or fastening; as, the bars of a
fence or gate; the bar of a door.
[1913 Webster]
Thou shalt make bars of shittim wood. --Ex. xxvi.
26.
[1913 Webster]
2. An indefinite quantity of some substance, so shaped as to
be long in proportion to its breadth and thickness; as, a
bar of gold or of lead; a bar of soap.
[1913 Webster]
3. Anything which obstructs, hinders, or prevents; an
obstruction; a barrier.
[1913 Webster]
Must I new bars to my own joy create? --Dryden.
[1913 Webster]
4. A bank of sand, gravel, or other matter, esp. at the mouth
of a river or harbor, obstructing navigation.
[1913 Webster]
5. Any railing that divides a room, or office, or hall of
assembly, in order to reserve a space for those having
special privileges; as, the bar of the House of Commons.
[1913 Webster]
6. (Law)
(a) The railing that incloses the place which counsel
occupy in courts of justice. Hence, the phrase at the
bar of the court signifies in open court.
(b) The place in court where prisoners are stationed for
arraignment, trial, or sentence.
(c) The whole body of lawyers licensed in a court or
district; the legal profession.
(d) A special plea constituting a sufficient answer to
plaintiff's action.
[1913 Webster]
7. Any tribunal; as, the bar of public opinion; the bar of
God.
[1913 Webster]
8. A barrier or counter, over which liquors and food are
passed to customers; hence, the portion of the room behind
the counter where liquors for sale are kept.
[1913 Webster]
9. (Her.) An ordinary, like a fess but narrower, occupying
only one fifth part of the field.
[1913 Webster]
10. A broad shaft, or band, or stripe; as, a bar of light; a
bar of color.
[1913 Webster]
11. (Mus.) A vertical line across the staff. Bars divide the
staff into spaces which represent measures, and are
themselves called measures.
[1913 Webster]
Note: A double bar marks the end of a strain or main division
of a movement, or of a whole piece of music; in
psalmody, it marks the end of a line of poetry. The
term bar is very often loosely used for measure, i.e.,
for such length of music, or of silence, as is included
between one bar and the next; as, a passage of eight
bars; two bars' rest.
[1913 Webster]
12. (Far.) pl.
(a) The space between the tusks and grinders in the upper
jaw of a horse, in which the bit is placed.
(b) The part of the crust of a horse's hoof which is bent
inwards towards the frog at the heel on each side,
and extends into the center of the sole.
[1913 Webster]
13. (Mining)
(a) A drilling or tamping rod.
(b) A vein or dike crossing a lode.
[1913 Webster]
14. (Arch.)
(a) A gatehouse of a castle or fortified town.
(b) A slender strip of wood which divides and supports
the glass of a window; a sash bar.
[1913 Webster]
Bar shoe (Far.), a kind of horseshoe having a bar across
the usual opening at the heel, to protect a tender frog
from injury.
Bar shot, a double headed shot, consisting of a bar, with a
ball or half ball at each end; -- formerly used for
destroying the masts or rigging in naval combat.
Bar sinister (Her.), a term popularly but erroneously used
for baton, a mark of illegitimacy. See Baton.
Bar tracery (Arch.), ornamental stonework resembling bars
of iron twisted into the forms required.
Blank bar (Law). See Blank.
Case at bar (Law), a case presently before the court; a
case under argument.
In bar of, as a sufficient reason against; to prevent.
Matter in bar, or Defence in bar, any matter which is a
final defense in an action.
Plea in bar, a plea which goes to bar or defeat the
plaintiff's action absolutely and entirely.
Trial at bar (Eng. Law), a trial before all the judges of
one the superior courts of Westminster, or before a quorum
representing the full court.
[1913 Webster] |
defenceless
(gcide) | defenceless \defenceless\ adj.
same as defenseless; as, a defenceless child.
Syn: defenseless, helpless.
[WordNet 1.5]Defenseless \De*fense"less\, a.
Destitute of defense; unprepared to resist attack; unable to
oppose; unprotected. [Also spelled defenceless.]--
De*fense"less*ly, adv. -- De*fense"less*ness, n.
[1913 Webster]
2. unarmed; used of persons or the military. armed
[WordNet 1.5] |
Self-defence
(gcide) | Self-defence \Self`-de*fence"\, n.
See Self-defense.
[1913 Webster] |
biodefence
(wn) | biodefence
n 1: procedures involved in taking defensive measures against
attacks using biological agents [syn: biological defense,
biological defence, biodefense, biodefence] |
biological defence
(wn) | biological defence
n 1: procedures involved in taking defensive measures against
attacks using biological agents [syn: biological defense,
biological defence, biodefense, biodefence] |
biological warfare defence
(wn) | biological warfare defence
n 1: defense against biological warfare [syn: {biological
warfare defense}, biological warfare defence, {BW
defense}, BW defence] |
bw defence
(wn) | BW defence
n 1: defense against biological warfare [syn: {biological
warfare defense}, biological warfare defence, {BW
defense}, BW defence] |
chemical defence
(wn) | chemical defence
n 1: procedures involved in taking defensive measures against
attacks using chemical agents [syn: chemical defense,
chemical defence] |
defence force
(wn) | defence force
n 1: an organization of defenders that provides resistance
against attack; "he joined the defense against invasion"
[syn: defense, defence, defense force, {defence
force}] |
defence mechanism
(wn) | defence mechanism
n 1: (psychiatry) an unconscious process that tries to reduce
the anxiety associated with instinctive desires [syn:
defense mechanism, defense reaction, {defence
mechanism}, defence reaction, defense, defence] |
defence policy
(wn) | defence policy
n 1: a program for defending a country against its enemies [syn:
defense program, defense policy, defence program,
defence policy] |
defence program
(wn) | defence program
n 1: a program for defending a country against its enemies [syn:
defense program, defense policy, defence program,
defence policy] |
defence reaction
(wn) | defence reaction
n 1: (psychiatry) an unconscious process that tries to reduce
the anxiety associated with instinctive desires [syn:
defense mechanism, defense reaction, {defence
mechanism}, defence reaction, defense, defence] |
defence system
(wn) | defence system
n 1: the weaponry available for the defense of a region [syn:
defense system, defence system] |
defenceless
(wn) | defenceless
adv 1: without defense; "the child was standing in the middle of
the crossfire, defenselessly" [syn: defenseless,
defenceless, defenselessly, defencelessly]
adj 1: lacking protection or support; "a defenseless child"
[syn: defenseless, defenceless]
2: lacking weapons for self-defense [syn: defenseless,
defenceless] |
defencelessly
(wn) | defencelessly
adv 1: without defense; "the child was standing in the middle of
the crossfire, defenselessly" [syn: defenseless,
defenceless, defenselessly, defencelessly] |
defencelessness
(wn) | defencelessness
n 1: the property of being helpless in the face of attack [syn:
defenselessness, defencelessness, unprotectedness] |
deliberate defence
(wn) | deliberate defence
n 1: a defense organized before contact is made with the enemy
and while time for organization is available; usually
includes a fortified zone (with pillboxes) and
communication systems [syn: deliberate defense,
deliberate defence] |
hasty defence
(wn) | hasty defence
n 1: a defense organized while in contact with the enemy or when
time is limited [syn: hasty defense, hasty defence] |
line of defence
(wn) | line of defence
n 1: any organization whose responsibility it is to defend
against something; "police are the major line of defense
against crime" [syn: line of defense, line of defence]
2: defensive structure consisting of a barrier that can be
employed for defense against attack [syn: line of defense,
line of defence] |
missile defence system
(wn) | missile defence system
n 1: naval weaponry providing a defense system [syn: {missile
defense system}, missile defence system] |
self-defence
(wn) | self-defence
n 1: the act of defending yourself [syn: self-defense, {self-
defence}, self-protection] |
ulster defence association
(wn) | Ulster Defence Association
n 1: the major Protestant paramilitary group in Northern
Ireland; responsible for bombing the homes of Catholics and
for criminal racketeering and selling drugs [syn: {Ulster
Defence Association}, UDA] |
defenceless
(devil) | DEFENCELESS, adj. Unable to attack.
|
DEFENCE
(bouvier) | DEFENCE, torts. A forcible resistance of an attack by force.
2. A man is justified, in defending his person, that of his wife,
children, and servants, and for this purpose he may use as much force as may
be necessary, even to killing the assailant, remembering that the means used
must always be proportioned to the occasion, and an excess becomes, itself,
an injury.
3. A man may also repel force by force in defence of his personal
property, and even justify homicide against one Who manifestly intends or
endeavors by violence or surprise to commit a known felony, as robbery.
4. With respect to the defence or protection of the possession of real
property, although it is justifiable even to kill a person in the act of
attempting to commit a forcible felony, as burglary or arson, yet this
justification can only take place when the party in possession is wholly
without fault. 1 Hale, 440, 444; 1 East, P. C. 259, 277. When a forcible
attack is made upon the dwelling-house of another, without any felonious
intent, but barely to commit a trespass, it is in general lawful to oppose
force by force, when the former was clearly illegal. 7 Bing. 305; S. C. 20
Eng. C. L. Rep. 139. Vide, generally, Ham. N. P. 136, 151 1 Chit. Pr. 589,
616; Grot. lib. 2, c. 1 Rutherf. Inst. B. 1, c. 16.
DEFENCE, pleading, practice. It is defined to be the denial of the truth or
validity of the complaint, and does not signify a justification. It is a
general assertion that the plaintiff has no ground of action, which
assertion is afterwards extended and maintained in the plea. 3 Bl. Com. 296;
Co. Litt. 127. It is similar to the contestatio litis of the civilians.
2. Defence is of two descriptions; first half defence, which is as
follows, "venit et defendit vim et injuriam, et dicit," &c.; or secondly,
full defence, "venit et defendit vim et injuriam, quando," &c. meaning
"quando et ubi curia consideravit," (or when and where it shall behoove
him,) "et damna et quicquid quod ipse defendere debet et dicit," &c. Co.
Litt. 127, b; Bac. Abr. Pleas, D Willis, 41.
3. In strictness, the words quando, &c. ought not to be added when only
half defence is to be made; and after the words "venit et defendit vim et
injuriam," the subject matter of the plea should immediately be stated.
Gilb. C. P. 188; 8 T. R. 6 3 2; 3 B. & P. 9, n. a.
4. It has, however, now become the practice in all cases, whether half
or full defence be intended, to, state it a's follows: "And the said C D, by
M N, his attorney, comes and defends the wrong, (or in trespass, force) and
injury, when, &c. and says," which will be considered only as half defence
in cases where such defence should be made, and as full defence where the
latter is necessary. 8 T. R. 633; Willis, 41 3 B. & P. 9; 2 Saund. 209, c.
5. If full defence were made expressly by the words "when and where it
shall behoove him," and "the damages and whatever else he ought to defend,"
the defendant would be precluded from pleading to the jurisdiction or in
abatement, for by defending when and where it shall behoove him, the
defendant acknowledges the jurisdiction of the court and by defending the
damages he waives all. exception to the person of the plaintiff. 2 Saund.
209, c.; 3 Bl. Com. 297 Co. Litt. 127, b Bac. Abr. Pleas, D.
6. Want of defence being only matter of form, the omission is aided by
general demurrer. 3 Salk. 271. See further, 7 Vin. Abr. 497; 1 Chit. Pl.
410; Com. Dig. Abatement, I 16; Gould. on Pl. c. 2, s. 6-15; Steph. Pl. 430.
7. In another sense, defence signifies a justification; as, the
defendant has made a successful defence to the charge laid in the
indictment.
8. The Act of Congress of April 30, 1790, 1 Story, L. U. S. 89, acting
upon the principles adopted in perhaps all the states, enacts, Sec. 28, that
every person accused and indicted of the crime of treason, or other capital
offence, shall "be allowed and admitted to make his full defence by counsel
learned in the law; and the court before whom such person shall be tried, or
some judge thereof, shall, and they are hereby authorized and requited,
immediately upon his request, to assign to such person such counsel, not
exceeding two, as such person shall desire, to whom such counsel shall have
free access, at all seasonable hours; and every such person or persons,
accused or indicted of the crimes aforesaid, shall be allowed and admitted
in his said defence, to make any proof that he or they can produce, by
lawful witness or witnesses, and shall have the like process of the court
where he or they shall be tried, to compel his or their witnesses to appear
at his or their trial, as is usually granted to compel witnesses to appear
on the prosecution against them."
9. Defences in equity may be classed in two divisions, namely into
dilatory defences, (q.v.) and into those which are peremptory. Matters of
peremptory or permanent defences may be also divided into two sorts, first,
those where the plaintiff never had any right to institute the suit; for
example: 1. That the plaintiff had not a superior right to the defendant. 2.
That the defendant has no interest. 3. That there is no privity between the
plaintiff and defendant, or any right to sustain the suit. Secondly, those
that insist that the original right, if any, is extinguished or determined;
as, 1. When the right is determined by the act of the parties; or, 2. When
it is determined by operation of law. 4 Bouv. Inst. n. 4199, et seq.; 1
Montag. Eq. Pl. 89. See Dilatory Defence; Merits.
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DILATORY DEFENCE
(bouvier) | DILATORY DEFENCE. chancery practice. A dilatory defence is one, the object
of which is to dismiss, suspend, or obstruct the suit, without touching the
merits, until the impediment or obstacle insisted on shall be removed.
2. These defences are of four kinds: 1. To the jurisdiction of the
court. 2. To the person of the plaintiff or defendant. 3. To the form of
proceedings, as that the suit is irregularly brought, or it is defective in
its appropriate allegation of the parties; and, 4. To the propriety of
maintaining the suit itself, because of the pendancy of another suit for the
same controversy. Montag. Eq. Pl. 88; Story Eq. Pl. Sec. 434. Vide Defence:
Plea, dilatory.
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FULL DEFENCE
(bouvier) | FULL DEFENCE, pleading. A denial of all wrong or injury. It is expressed in
the following formula: And the said C D, (the defendant,) by E F, his
attorney, comes, and defends the wrong or injury, (or force and injury,)
when and where it shall behoove him, and the damages and whatsoever else he
ought to defend." Bac. Ab. Pleas, &c. D; Co. Litt. 127 b; Lawes on Pl. 89; 2
Chit. Pl. 409; 2 Saund. 209 c; Gould on Pl. c. 2, Sec. 6. See Defence; Et
Cetera; Half Defence.
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HALF DEFENCE
(bouvier) | HALF DEFENCE, pleading. It is the peculiar form of a defence, which is as
follows, "venit et defendit vim et injuriam, et dicit," &c. It differs from
full defence. Vide Defence; Et cetera;
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PEREMPTORY DEFENCE
(bouvier) | PEREMPTORY DEFENCE, equity, pleading. A defence which insists that the
plaintiff never had the right to institute the suit, or that if he had, the
original right is extinguished or determined. 4 Bouv. Inst. n. 4206.
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SELF-DEFENCE
(bouvier) | SELF-DEFENCE, crim. law. The right to protect one's person and property from
injury.
2. It will be proper to consider, 1. The extent of the right of self-
defence. 2. By whom it may be exercised. 3. Against whom. 4. For what
causes.
3.-1. As to the extent of the right, it may be laid down, first, that
when threatened violence exists, it is the duty of the person threatened to
use all, prudent and precautionary measures to prevent the attack; for
example, if by closing a door which was usually left open, one could prevent
an attack, it would be prudent, and perhaps the law might require, that it
should be closed, in order to preserve the peace, and the aggressor might in
such case be held to bail for his good behaviour; secondly, if, after having
taken such proper precautions, a party should be assailed, he may
undoubtedly repel force by force, but in most instances cannot, under the
pretext that he has been attacked, use force enough to kill the assailant or
hurt him after he has secured himself from danger; as, if a person unarmed
enters a house to commit a larceny, while there he does not threaten any
one, nor does any act which manifests an intention to hurt any one, and
there are a number of persons present, who may easily secure him, no one
will be justifiable to do him any injury, much less to kill him; he ought to
be secured and delivered to the public authorities. But when an attack is
made by a thief under such circumstances, and it is impossible to ascertain
to what extent he may push it, the law does not requite the party assailed
to weigh with great nicety the probable extent of the attack, and he may use
the most violent means against his assailant, even to the taking of his
life. For homicide may be excused, se defendendo, where a man has no other
probable means of preserving his life from one who attacks him, while in the
commission of a felony, or even on a sudden quarrel, he beats him, so that
he is reduced to this inevitable necessity. Hawk. bk. 2, c. 11, s. 13. And
the reason is that when so reduced, he cannot call to his aid the power of
society or of the commonwealth, and, being unprotected by law, he reassumes
his natural rights, which the law sanctions, of killing his adversary to
protect himself. Toull. Dr. Civ. Fr. liv. 1, tit. 1, n. 210. See Pamph. Rep.
of Selfridge's Trial in 1806 2 Swift's Ev. 283.
4.-2. The party attacked may undoubtedly defend himself, and the law
further sanctions the mutual and reciprocal defence of such as stand in the
near relations of husband and wife, patent and child, and master and
servant. In these cases, if the party himself, or any of these his
relations, be forcibly attacked in their person or property, it is lawful
for him to repel force by force, for the law in these cases respects the
passions of the human mind, and makes, it lawful in him, when external
violence is offered to himself, or to those to whom he bears so near a
connexion, to do that immediate justice to which he is prompted by nature,
and which no prudential motives are strong enough to restrain. 2 Roll. Ab.
546; 1 Chit. Pr. 592.
5.-3. The party making the attack may be resisted, and if several
persons join in such attack they may all be resisted, and one may be killed
although he may not himself have given the immediate cause for such killing,
if by his presence and his acts, he has aided the assailant. See Conspiracy.
6.-4. The cases for which a man may defend himself are of two kinds;
first, when a felony is attempted, and, secondly, when, no felony is
attempted or apprehended.
7.-1st. A man may defend himself, and even commit a homicide for the
prevention of any forcible and atrocious crime, which if completed would
amount to a felony; and of course under the like circumstances, mayhem,
wounding and battery would be excusable at common law. 1 East, P. C. 271; 4
Bl. Com. 180. A man may repel force by force in defence of his person,
property or habitation, against any one who manifests, intends, attempts, or
endeavors, by violence or surprise, to commit a forcible felony, such as
murder, rape, robbery, arson, burglary and the like. In these cases he is
not required to retreat, but he may resist, and even pursue his adversary,
until he has secured himself from all danger.
8.-2d. A man may defend himself when no felony has been threatened or
attempted; 1. When the assailant attempts to beat another and there is no
mutual combat; as, where one meets another and attempts to commit or does
commit an assault and battery on him, the person attacked may defend
himself; and an offer or, attempt to strike another, when sufficiently near,
so that that there is danger, the person assailed may strike first, and is
not required to wait until he has been struck. Bull. N. P. 18; 2 Roll. Ab.
547. 2. When there is a mutual combat upon a sudden quarrel. In these cases
both parties are the aggressors; and if in the fight one is killed it will
be manslaughter at least, unless the survivor can prove two things: 1st.
That before the mortal stroke was given be had refused any further combat,
and had retreated as far as he could with safety; and 2d. That he killed his
adversary from necessity, to avoid his own destruction.
9. A man may defend himself against animals, and he may during the
attack kill them, but not afterwards. 1 Car. & P. 106; 13 John. 312; 10
John. 365.
10. As a general rule no man is allowed to defend himself with force if
he can apply to the law for redress, and the law gives him a complete
remedy, See Assault; Battery; Necessity; Trespass.
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