Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Law
A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger
A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger
Maryland Law Review
No abstract provided.
Protecting Human Trafficking Victims From Punishment And Promoting Their Rehabilitation: The Need For An Affirmative Defense, Francisco Zornosa
Protecting Human Trafficking Victims From Punishment And Promoting Their Rehabilitation: The Need For An Affirmative Defense, Francisco Zornosa
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Equity's Leaded Fleet In A Contest Of Scoundrels: The Assertion Of The In Pari Delicto Defense Against A Lawbreaking Plaintiff And Innocent Successors, Brian A. Blum
Hofstra Law Review
A defendant sued by a plaintiff whose cause of action is based on or arises from the plaintiff’s illegal conduct may assert the affirmative defense that the illegality of the plaintiff’s action bars the suit. The defense is expressed in the maxim, in pari delicto potior est conditio defendentis (where the parties are in equal guilt the position of the defendant is the stronger). The essential purpose of the in pari delicto rule is to prevent a lawbreaking plaintiff from enforcing rights or otherwise obtaining a remedy arising from her violation of the law. The maxim indicates that the defense …