Does a defendant have to plead and plead as a defense?
California, United States of America
The following excerpt is from Rosenstock v. Rosenstock, 20 Cal.App.3d 847, 98 Cal.Rptr. 123 (Cal. App. 1971):
3 Defendant cites us to Weisz v. Weisz (1971) 19 Cal.App.3d 676, 97 Cal.Rptr. 18. But in that case, as the court points out, there was no issue as to jurisdiction over either the parties or the subject matter. In effect that decision supports our holding that defendant's remedy is to answer and plead the agreement as a defense.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's ability to handle a defense of entrapment defense of his own? (California, United States of America)
Is a defendant's right to testify in his own defense justified when the trial court rejects a request by the defense to reopen his case? (California, United States of America)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
Does a jury have to decide whether a defendant acted in self-defense against another defendant in a domestic violence case? (California, United States of America)
In deciding to plead guilty in a criminal case, has there ever been a finding that a defendant was not fully capable of rationally weighing the pros and cons of forgoing a trial and pleading guilty? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does a judge have abused his discretion to sentence a defendant who refused to plead guilty and presented a frivolous defense? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault? (California, United States of America)
Can a defendant rely on a 'defendant is relying on such a defense?' (California, United States of America)
