What are the common defenses in civil law?
In civil law, a defendant may raise certain defenses to protect against a lawsuit. The common defenses in Michigan civil law are as follows: 1. Lack of Subject Matter Jurisdiction: A court does not have the authority to hear a case unless it involves matters within the court’s jurisdiction. 2. Lack of Personal Jurisdiction: The court must have authority to impose its ruling on the parties involved. 3. Statute of Limitations: The plaintiff must bring the lawsuit within a specific period of time. 4. Statute of Frauds: Certain written contracts and agreements are only enforceable if executed in writing. 5. Voluntary Dismissal: The plaintiff can choose to voluntarily dismiss the case. 6. Release: The defendant can establish that the plaintiff’s claim has already been released. 7. Improper Service of Process: The defendant can contest service if it was not properly done. 8. Improper Venue: The defendant can argue that the case is being heard in the wrong court. 9. Unclean Hands: The defendant can prove that the plaintiff acted unethically or illegally. 10. Capacity to Sue: The plaintiff must have the capacity to sue and the defendant can prove that they do not. By raising any of these defenses, the defendant can potentially have the lawsuit dismissed. It is important for defendants to understand their rights and the legal process in order to mount an effective defense. Additionally, each case is unique so it is possible that other defenses may be available as well.
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