defence 音标拼音: [dɪf'ɛns]
n . 保卫,防御,辩护
保卫,防御,辩护
defence n 1 : (
psychiatry )
an unconscious process that tries to reduce the anxiety associated with instinctive desires [
synonym :
{
defense mechanism }, {
defense reaction }, {
defence mechanism }, {
defence reaction }, {
defense }, {
defence }]
2 : (
sports )
the team that is trying to prevent the other team from scoring ; "
his teams are always good on defense " [
synonym :
{
defense }, {
defence }, {
defending team }] [
ant : {
offence },
{
offense }]
3 :
the defendant and his legal advisors collectively ; "
the defense called for a mistrial " [
synonym : {
defense }, {
defence },
{
defense team }, {
defense lawyers }] [
ant : {
prosecution }]
4 :
an organization of defenders that provides resistance against attack ; "
he joined the defense against invasion " [
synonym :
{
defense }, {
defence }, {
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 " [
synonym : {
refutation },
{
defense }, {
defence }]
6 :
the justification for some act or belief ; "
he offered a persuasive defense of the theory " [
synonym : {
defense }, {
defence },
{
vindication }]
7 :
a structure used to defend against attack ; "
the artillery battered down the defenses " [
synonym : {
defensive structure },
{
defense }, {
defence }]
8 :
a defendant '
s answer or plea denying the truth of the charges against him ; "
he gave evidence for the defense " [
synonym :
{
defense }, {
defence }, {
denial }, {
demurrer }] [
ant : {
criminal prosecution }, {
prosecution }]
9 : (
military )
military action or resources protecting a country against potential enemies ; "
they died in the defense of Stalingrad "; "
they were developed for the defense program "
[
synonym : {
defense }, {
defence }, {
defensive measure }]
10 :
protection from harm ; "
sanitation is the best defense against disease " [
synonym : {
defense }, {
defence }]
11 :
the act of defending someone or something against attack or injury ; "
a good boxer needs a good defense "; "
defense against hurricanes is an urgent problem " [
synonym : {
defense },
{
defence }]
Defence \
De *
fence "\ (
d [-
e ]*
f [
e ^]
ns "),
n . &
v .
t .
See {
Defense }.
[
1913 Webster ]
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 .
[
1913 Webster ]
In cases of defense '
t is best to weigh The enemy more mighty than he seems . --
Shak .
[
1913 Webster ]
2 .
That which defends or protects ;
anything employed to oppose attack ,
ward off violence or danger ,
or maintain security ;
a guard ;
a protection .
[
1913 Webster ]
War would arise in defense of the right . --
Tennyson .
[
1913 Webster ]
God ,
the widow '
s champion and defense . --
Shak .
[
1913 Webster ]
3 .
Protecting plea ;
vindication ;
justification .
[
1913 Webster ]
Men ,
brethren ,
and fathers ,
hear ye my defense .
--
Acts xxii .
1 .
[
1913 Webster ]
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 .
[
1913 Webster ]
5 .
Act or skill in making defense ;
defensive plan or policy ;
practice in self defense ,
as in fencing ,
boxing ,
etc .
[
1913 Webster ]
A man of great defense . --
Spenser .
[
1913 Webster ]
By how much defense is better than no skill . --
Shak .
[
1913 Webster ]
6 .
Prohibition ;
a prohibitory ordinance . [
Obs .]
[
1913 Webster ]
Severe defenses . . .
against wearing any linen under a certain breadth . --
Sir W .
Temple .
[
1913 Webster ]
Defense \
De *
fense "\,
v .
t .
To furnish with defenses ;
to fortify . [
Obs .] [
Written also {
defence }.]
[
1913 Webster ]
Better manned and more strongly defensed . --
Hales .
[
1913 Webster ]
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 .
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 .
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