Defence

6 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Defence \De*fence"\ (d[-e]*f[e^]ns"), n. & v. t.
     See {Defense}.
     [1913 Webster]

From The Collaborative International Dictionary of English v.0.48 [gcide]:



  Defense \De*fense"\, Defence \De*fence"\, n. [F. d['e]fense, OF.
     defense, fem., defens, masc., fr. L. defensa (cf. LL.
     defensum), from defendere. See {Defend}, and cf. {Fence}.]
     1. The act of defending, or the state of being defended;
        protection, as from violence or danger.
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              In cases of defense 't is best to weigh
              The enemy more mighty than he seems.  --Shak.
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     2. That which defends or protects; anything employed to
        oppose attack, ward off violence or danger, or maintain
        security; a guard; a protection.
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              War would arise in defense of the right. --Tennyson.
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              God, the widow's champion and defense. --Shak.
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     3. Protecting plea; vindication; justification.
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              Men, brethren, and fathers, hear ye my defense.
                                                    --Acts xxii.
                                                    1.
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     4. (Law) The defendant's answer or plea; an opposing or
        denial of the truth or validity of the plaintiff's or
        prosecutor's case; the method of proceeding adopted by the
        defendant to protect himself against the plaintiff's
        action.
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     5. Act or skill in making defense; defensive plan or policy;
        practice in self defense, as in fencing, boxing, etc.
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              A man of great defense.               --Spenser.
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              By how much defense is better than no skill. --Shak.
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     6. Prohibition; a prohibitory ordinance. [Obs.]
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              Severe defenses . . . against wearing any linen
              under a certain breadth.              --Sir W.
                                                    Temple.
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From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Defense \De*fense"\, v. t.
     To furnish with defenses; to fortify. [Obs.] [Written also
     {defence}.]
     [1913 Webster]
  
           Better manned and more strongly defensed. --Hales.
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From WordNet (r) 2.0 [wn]:

  defence
       n 1: (psychiatry) an unconscious process that tries to reduce the
            anxiety associated with instinctive desires [syn: {defense
            mechanism}, {defense reaction}, {defence mechanism}, {defence
            reaction}, {defense}]
       2: (sports) the team that is trying to prevent the other team
          from scoring; "his teams are always good on defense" [syn:
           {defense}, {defending team}] [ant: {offense}, {offense}]
       3: the defendant and his legal advisors collectively; "the
          defense called for a mistrial" [syn: {defense}, {defense
          team}, {defense lawyers}] [ant: {prosecution}]
       4: an organization of defenders that provides resistance
          against attack; "he joined the defense against invasion"
          [syn: {defense}, {defense force}, {defence force}]
       5: the speech act of answering an attack on your assertions;
          "his refutation of the charges was short and persuasive";
          "in defense he said the other man started it" [syn: {refutation},
           {defense}]
       6: the justification for some act or belief; "he offered a
          persuasive defense of the theory" [syn: {defense}, {vindication}]
       7: a structure used for defense; "the artillery battered down
          the defenses" [syn: {defensive structure}, {defense}]
       8: a defendant's answer or plea denying the truth of the
          charges against him; "he gave evidence for the defense"
          [syn: {defense}, {denial}, {demurrer}] [ant: {prosecution}]
       9: military action or resources protecting a country against
          potential enemies; "they died in the defense of
          Stalingrad"; "they were developed for the defense program"
          [syn: {defense}, {defensive measure}]
       10: protection from harm; "sanitation is the best defense
           against disease" [syn: {defense}]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DEFENCE, torts. A forcible resistance of an attack by force. 
       2. A man is justified, in defending his person, that of his wife, 
  children, and servants, and for this purpose he may use as much force as may 
  be necessary, even to killing the assailant, remembering that the means used 
  must always be proportioned to the occasion, and an excess becomes, itself, 
  an injury. 
       3. A man may also repel force by force in defence of his personal 
  property, and even justify homicide against one Who manifestly intends or 
  endeavors by violence or surprise to commit a known felony, as robbery. 
       4. With respect to the defence or protection of the possession of real 
  property, although it is justifiable even to kill a person in the act of 
  attempting to commit a forcible felony, as burglary or arson, yet this 
  justification can only take place when the party in possession is wholly 
  without fault. 1 Hale, 440, 444; 1 East, P. C. 259, 277. When a forcible 
  attack is made upon the dwelling-house of another, without any felonious 
  intent, but barely to commit a trespass, it is in general lawful to oppose 
  force by force, when the former was clearly illegal. 7 Bing. 305; S. C. 20 
  Eng. C. L. Rep. 139. Vide, generally, Ham. N. P. 136, 151 1 Chit. Pr. 589, 
  616; Grot. lib. 2, c. 1 Rutherf. Inst. B. 1, c. 16. 
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DEFENCE, pleading, practice. It is defined to be the denial of the truth or 
  validity of the complaint, and does not signify a justification. It is a 
  general assertion that the plaintiff has no ground of action, which 
  assertion is afterwards extended and maintained in the plea. 3 Bl. Com. 296; 
  Co. Litt. 127. It is similar to the contestatio litis of the civilians. 
       2. Defence is of two descriptions; first half defence, which is as 
  follows, "venit et defendit vim et injuriam, et dicit," &c.; or secondly, 
  full defence, "venit et defendit vim et injuriam, quando," &c. meaning 
  "quando et ubi curia consideravit," (or when and where it shall behoove 
  him,) "et damna et quicquid quod ipse defendere debet et dicit," &c. Co. 
  Litt. 127, b; Bac. Abr. Pleas, D Willis, 41. 
       3. In strictness, the words quando, &c. ought not to be added when only 
  half defence is to be made; and after the words "venit et defendit vim et 
  injuriam," the subject matter of the plea should immediately be stated. 
  Gilb. C. P. 188; 8 T. R. 6 3 2; 3 B. & P. 9, n. a. 
       4. It has, however, now become the practice in all cases, whether half 
  or full defence be intended, to, state it a's follows: "And the said C D, by 
  M N, his attorney, comes and defends the wrong, (or in trespass, force) and 
  injury, when, &c. and says," which will be considered only as half defence 
  in cases where such defence should be made, and as full defence where the 
  latter is necessary. 8 T. R. 633; Willis, 41 3 B. & P. 9; 2 Saund. 209, c. 
       5. If full defence were made expressly by the words "when and where it 
  shall behoove him," and "the damages and whatever else he ought to defend," 
  the defendant would be precluded from pleading to the jurisdiction or in 
  abatement, for by defending when and where it shall behoove him, the 
  defendant acknowledges the jurisdiction of the court and by defending the 
  damages he waives all. exception to the person of the plaintiff. 2 Saund. 
  209, c.; 3 Bl. Com. 297 Co. Litt. 127, b Bac. Abr. Pleas, D. 
       6. Want of defence being only matter of form, the omission is aided by 
  general demurrer. 3 Salk. 271. See further, 7 Vin. Abr. 497; 1 Chit. Pl. 
  410; Com. Dig. Abatement, I 16; Gould. on Pl. c. 2, s. 6-15; Steph. Pl. 430. 
       7. In another sense, defence signifies a justification; as, the 
  defendant has made a successful defence to the charge laid in the 
  indictment. 
       8. The Act of Congress of April 30, 1790, 1 Story, L. U. S. 89, acting 
  upon the principles adopted in perhaps all the states, enacts, Sec. 28, that 
  every person accused and indicted of the crime of treason, or other capital 
  offence, shall "be allowed and admitted to make his full defence by counsel 
  learned in the law; and the court before whom such person shall be tried, or 
  some judge thereof, shall, and they are hereby authorized and requited, 
  immediately upon his request, to assign to such person such counsel, not 
  exceeding two, as such person shall desire, to whom such counsel shall have 
  free access, at all seasonable hours; and every such person or persons, 
  accused or indicted of the crimes aforesaid, shall be allowed and admitted 
  in his said defence, to make any proof that he or they can produce, by 
  lawful witness or witnesses, and shall have the like process of the court 
  where he or they shall be tried, to compel his or their witnesses to appear 
  at his or their trial, as is usually granted to compel witnesses to appear 
  on the prosecution against them." 
       9. Defences in equity may be classed in two divisions, namely into 
  dilatory defences, (q.v.) and into those which are peremptory. Matters of 
  peremptory or permanent defences may be also divided into two sorts, first, 
  those where the plaintiff never had any right to institute the suit; for 
  example: 1. That the plaintiff had not a superior right to the defendant. 2. 
  That the defendant has no interest. 3. That there is no privity between the 
  plaintiff and defendant, or any right to sustain the suit. Secondly, those 
  that insist that the original right, if any, is extinguished or determined; 
  as, 1. When the right is determined by the act of the parties; or, 2. When 
  it is determined by operation of law. 4 Bouv. Inst. n. 4199, et seq.; 1 
  Montag. Eq. Pl. 89. See Dilatory Defence; Merits.