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LSDefine

Simple English definitions for legal terms

derivative defense

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A quick definition of derivative defense:

Derivative Defense: A type of defense that is based on another defense. For example, if someone is accused of stealing, they may use the defense that they were given permission to take the item. This defense is based on the derivative defense of consent.

A more thorough explanation:

Derivative defense refers to a type of defense that is based on another defense. For example, if a defendant claims self-defense, but the prosecution argues that the defendant was the aggressor, the defendant may use the defense of defense of others as a derivative defense.

  • Derivative Entrapment: This refers to a defense that is based on the claim that the defendant was induced to commit a crime by law enforcement.
  • Derivative Estate: This refers to an estate that is created from another estate, such as a life estate or a remainder interest.
  • Derivative Evidence: This refers to evidence that is obtained as a result of other evidence, such as a confession that is obtained after an illegal search.
  • Derivative Instrument: This refers to a financial instrument that derives its value from another asset, such as a stock option or a futures contract.
  • Derivative-Jurisdiction Doctrine: This refers to the principle that a case cannot be removed from state court to federal court unless it falls within the federal court's subject-matter jurisdiction.

For example, if a defendant claims that they were induced to commit a crime by an undercover police officer, they may use the defense of derivative entrapment. This defense is based on the claim that the police officer's actions were illegal and therefore the defendant's actions should not be considered criminal.

derivative conveyance | derivative lease

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