What are the common defenses in civil law?

In Hawai’i, there are several common defenses that may be used in civil law proceedings. The most common defense is known as the “Affirmative Defense.” This occurs when the defendant admits that the plaintiff’s claims are true, but provides additional evidence to show that the plaintiff should still not win the case. Another common defense is based on the concept of res judicata. This defense is used to argue that a previous court decision should apply to the current proceedings. Lastly, a defendant may claim that there was a lack of jurisdiction. This argument claims that the court does not have authority to hear the case due to its jurisdiction. Additionally, a defendant may claim that certain evidence is inadmissible or that there was a lack of notice. This argument is used to prove that the defense had no knowledge of the proceedings. Lastly, a defendant may assert the legal defense of statute of limitations. This defense states that the claim is no longer valid because too much time has passed since the cause of action occurred. These are the most common defenses that may be used in civil law proceedings in the state of Hawai’i. While these defenses can be used, they should always be argued with the guidance of an experienced attorney.

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What are the common defenses in civil law?

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