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DEFENSE

a denial, answer or plea disputing the validity of plaintiff's case, or making some further contention that renders the defendant not liable upon the facts alleged by the plaintiff. AFFIRMATIVE DEFENSE: one that serves as a basis for proving some new fact, whereby defendant does not simply deny a charge but offers new evidence to avoid judgment against him or her.
EQUITABLE DEFENSE: a defense that is recognized by courts of equity acting solely upon rules of equity. Such defenses can now be asserted in courts of law as well.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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