What options do I have for defending myself in a legal dispute?
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The options available to defend yourself in a legal dispute depend on the type of dispute and the jurisdiction. Generally, there are three main ways you can defend yourself: by asserting affirmative defenses, filing a motion to dismiss, or presenting an argument at trial.
Affirmative Defenses: These are arguments that you make to try and prove that even if everything your opponent is claiming is true, it does not entitle them to relief such as damages or equitable relief (e.g., specific performance). This is typically done through raising what's known as "affirmative defenses", which accept some of the facts alleged by the plaintiff but deny their legal significance (or simply assert another set of facts that excuse liability). Examples include statute of limitations defense, comparative/contributory fault defense, arbitration agreement defense etc.. It’s important to note that affirmative defenses must be properly pled in order for them to be considered viable.
Motion To Dismiss: This kind of motion generally argues that the complaint has failed adequately to state a claim upon which relief may be granted – i.e., even if all the factual allegations were assumed true they would still fail as a matter of law due either because they do not constitute any legally cognizable interest or because they demonstrate an absolute failure on behalf of the Plaintiff(s) in terms establishing one or more elements required for recovery (such as causation). Such motions also often challenge procedural defects like lack standing/capacity on behalf of parties involved.
Trial Argumentation: At trial both sides present evidence upon which questions are answered through examination and cross-examination; each side then makes closing argument advancing their case's theories toward resolution before going forward with deliberation from jury/judge based on presented proof during trial proceedings and applicable given laws governing situation requested for judgement under consideration . In civil cases defendants have right too give testimony , submit evidence , call witnesses supporting his position , propose reasonable inferences regarding matters in controversy . Counsel should provide concrete forms evidences whereas possible + may utilize various strategies like introducing doubt when defending clients against claims brought against him / her while making sure prior conclusions don’t assume truthfulness nor accuracy regarding information being presented .
It is important to remember that these options should only be employed after seeking advice from qualified counsel who can assess your individual circumstances and advise accordingly taking into account all relevant factors including local laws where applicable. Additionally, other methods may also exist depending on jurisdiction so it’s best practice consult with both general practitioner + specialist advocate familiarized w/ particular area requesting judgment concerning matters subject thereof before attempting any course action beyond general informational advice received here today
