What are the common defenses in civil law?

In civil law, a defendant can use a variety of defenses to dispute a claim brought by a plaintiff. Common defenses used in California civil law include lack of jurisdiction, statute of limitations, laches, comparative negligence, sovereign immunity, and assumption of the risk. Lack of jurisdiction is a defense asserting that the court does not have the authority to hear the case. This means that the court does not have legal authority to apply laws to the case or issue a judgement. Statue of limitations is a law intended to limit the time in which a plaintiff can bring a claim. The intent is to prevent aging of evidence and memories, which could make it more difficult to get a fair judgement. Laches is a defense stating that the plaintiff waited too long to file the claim. This means that the defendant was negatively affected by the plaintiff waiting too long to file their claim. Comparative negligence is a defense that states that both the plaintiff and defendant were negligent and that the plaintiff’s negligence resulted in their own damages. Sovereign immunity is a defense that states that a government or government agency is not liable for damages because it is not subject to suit. Lastly, assumption of the risk is a defense that states that the plaintiff voluntarily assumed the risks associated with a certain situation. This could include a sporting event, for example. In California civil law, these common defenses can be used to dispute a claim brought forward by a plaintiff. Although these defenses have their own specific criteria that must be met, they can be used as viable defenses for a defendant in civil court.

Related FAQs

What is the statute of frauds?
What are the steps for filing a motion for summary judgment?
What is a deposition?
What is the purpose of a deposition?
How long do parties have to respond to pleadings?
What is the motion stage of civil procedure?
What is the difference between federal and state civil procedure?
What is civil procedure?
What is a joinder?
What is subpoena?

What are the common defenses in civil law?

Related FAQs

Related Blog Posts