In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal.

Criminal law defenses

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In criminal law these defenses can be grouped into 4 categories:

• Actual innocence;
• Excuses and Justifications;
• Procedural defenses, and the so-called
• "Innovative defenses."

With the exception of actual innocence and automatism, these defenses do not argue that the defendant did not commit an actus reus (Latin for "guilty act" but the term includes both acts and omissions) which broke the law; but rather, that the defendant should not be held culpable for what occurred.

Note that there is also defense against an attacker, see self defense and defense of others, defense of property.

Civil law defenses

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In common law civil practice affirmative defenses are presented to limit or avoid liability, they are numerous and include:

• Lack of personal or subject matter jurisdiction of the court
• Failure to state a cause of action or other insufficiencies of pleading
• Statute of limitations, statute of frauds and other defenses conferred by statute

Defense against an attacker

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Note that apart from this defense against prosecution and liability, there is also defense against an attacker, which can be a legal justification, see self defense and defense of others, defense of property.

See also

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• Absolute defense (legal)

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