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In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense (or defence) in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against them in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable.
The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase.
Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the burden of proof. For example, if a defendant in an assault and battery case attempts to claim provocation, the victim of said assault and battery would not have to prove that he did not provoke the defendant; the defendant would have to prove that the plaintiff did.
I'll keep this short and to the point:
My (former) mother and father are having a 'property separation' in the Federal Circuit/ Family Court. My (former) mother started proceedings against my father and she has listed me as a secondary. She's demanding that I sign my home onto her.
Deleted member 28915
I'm currently separated after my wife of 9 years walked out. She has gone to a solicitor to arrange a separation of finance and assets and I’ve been sent an offer. While I don’t totally agree with the offer, any changes wouldn’t change the financial aspect of things.
I have 3 questions...
Good evening all,
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