inconsistent defenses
inconsistent defenses 前后不一致的答辩理由 指此一答辩理由与彼一答辩理由相互矛盾或相互不能印证，若其中一项成立，另一项则不能成立，如被控犯谋杀罪的被告人辩称自己是出于自卫，同时又称自己在杀害行为发生时不在犯罪现场。
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Search Results for: inconsistent defense
inconsistent defense
A defense so contrary to another defense that the acceptance of one requires abandonment of the other. • A person accused of murder, for example, cannot claim both self-defense and the alibi of having been in a different city when the murder took place. [Cases: Criminal Law 43.5. C.J.S. Criminal Law § 54.]
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contradictory defenses
contradictory defenses 互相矛盾的答辩理由 (→inconsistent defenses)
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inconsistent pleading
inconsistent pleading 前后不一的诉答(→inconsistent counts; inconsistent defenses)
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plea in estoppel
Common-law pleading. A plea that neither confesses nor avoids but rather pleads a previous inconsistent act, allegation, or denial on the part of the adverse party to preclude that party from maintaining an action or defense.
election of remedies
election of remedies. 1. A claimant’s act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. [Cases: Election of Remedies 1. C.J.S. Election of Remedies §§ 2–3.] 2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other
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waiver by election of remedies
waiver by election of remedies. A defense arising when a plaintiff has sought two inconsistent remedies and by a decisive act chooses one of them, thereby waiving the other. [Cases: Election of Remedies 1. C.J.S. Election of Remedies §§ 2–3.]
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