Defense

In Torts. A forcible resistance of an attack by force. See "Self-Defense." In Pleading and Practice. The denial of the truth or validity of the complaint. A general assertion that the plaintiff has no ground of action, which is afterwards extended and maintained in the plea.

3 Sharswood, Bl. Comm. 296; Co. Litt. 127.

In this sense it is similar to the contestatio litis of the civilians, and does not include justification. In a more general sense it denotes the means by which the defendant prevents the success of the plaintiff's action, or, in criminal practice, the indictment. The word is commonly used in this sense in modem practice. Half defense was that which was made by the form "defends the force and injury, and says," defendit' vim et injuriam, et dicit. PMU defense was that which was made by the form "defends the force and injury when and where it shall behoove him, and the damages and whatever else he ought to defend," defendit vim et injuriam quando et ubi curia consideravit, et damna et quicquid quod ipse defendere debet, et dicit, commonly shortened into "defends the force and injury when," etc.

Gilb. C. P. 188; 8 Term R. 632; 3 Bos. & P. 9, note; Co. Litt. 127b; ■^illes, 41.

It follows immediately upon the statement of appearance, "comes" (venit), thus: "comes and defends." By the general defense, the propriety of the writ, the competency of the plaintiff, and the jurisdiction of the court were allowed; by defending the force and injury, misnomer was waived; by defending the damages, all exceptions to the court was admitted.

3 Sharswood, Bl. Comm. 298.

The distinction between the forms of half and full defense was first lost sight of (8 Term. R. 633; Willes, 41; 3 Bos. & P. 9; 2 Saund. 209c), and no necessity for a technical defense exists, under the modem forms of practice. DEFENSE AU FOND EN DROIT (called, also, defence en droit). A demurrer.

2 Low. (U. S.) 278. See, also, 1 Low. (U. S.) 216.