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Simple English definitions for legal terms
complete defense
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A quick definition of complete defense:
A complete defense is a way to say "I didn't do anything wrong" and make the whole case go away. It works in both civil and criminal cases. If you can prove a complete defense, you don't have to pay any money or go to jail. Sometimes, one complete defense can work for many different claims. Examples of complete defenses are when someone said it was okay to do something, when something bad happened that nobody could control, or when someone was forced to do something because they were too drunk or high to know what they were doing.
A more thorough explanation:
A complete defense is a type of defense that can be used in both civil lawsuits and criminal proceedings. It is an affirmative defense that can nullify an entire claim against the defendant. If a complete defense is successfully established, it absolves the party from any and all liability for a given act. This is different from a mitigation defense, which only reduces liability but does not remove it entirely.
Complete defenses can be used to defend against multiple claims, as establishing a complete defense for one claim can often act as a complete defense against other claims. For example, if a defendant successfully establishes that they had consent to perform a certain act, it can act as a complete defense against any claims of assault or battery.
Examples of complete defenses include:
- Consent: If the plaintiff consented to the defendant's actions, it can act as a complete defense against any claims of wrongdoing.
- Act of God: If the defendant's actions were caused by an unforeseeable natural event, such as a hurricane or earthquake, it can act as a complete defense.
- Involuntary Intoxication: If the defendant was unknowingly intoxicated and did not have control over their actions, it can act as a complete defense.
- Contributory Negligence: In jurisdictions that follow contributory negligence, if the plaintiff was also negligent and contributed to their own injuries, it can act as a complete defense.
For example, if a defendant is accused of assault but can prove that the plaintiff consented to the physical contact, it can act as a complete defense against the assault claim. Similarly, if a defendant is accused of causing property damage but can prove that the damage was caused by an act of God, it can act as a complete defense against the property damage claim.