What are the common defenses in civil law?
In civil law, a defendant is able to raise defenses against the claims made by the plaintiff. Common defenses in Arizona civil law include lack of standing, lack of facts, expiration of statute of limitations, misuse of legal process, release, waiver, accord and satisfaction, sovereign immunity, and contributory or comparative negligence. Lack of standing is a defense which claims that the plaintiff does not have the right to bring the claim. If the plaintiff does not have standing, the claim must be dismissed. Lack of facts is a defense which claims that the plaintiff does not have enough evidence to prove their case. If the plaintiff cannot meet the burden of proof then the claim must be dismissed. Expiration of statute of limitations is a defense whereby the plaintiff does not bring an action within the applicable legal timeframe. The defendant is thus protected from any action that is brought outside of the specified time limit. Misuse of legal process is a defense which claims that the plaintiff improperly used the legal process or the court system. Release is a defense which is a legally binding agreement between two parties that prevents the plaintiff from bringing a claim in the future. Waiver is a defense which claims that the defendant voluntarily gave up a specific right or claim. Accord and satisfaction is a defense whereby the plaintiff agrees to accept payment of an amount different than what was originally requested. Sovereign immunity is a defense which claims that the governmental body is immune from liability. Contributory or comparative negligence is a defense which claims that the plaintiff’s own negligence contributed to the injury or loss suffered. This defense may reduce the amount of damages the defendant must pay.
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