Also known as: full defence · full defenses · full defences · complete defense
Written by attorneys · grounded in primary & secondary sources — see below
A defense that, if proved, completely bars the plaintiff's recovery or the prosecution's conviction regardless of the truth of the underlying allegations.
Francisco Frost told a reporter that Fabian Flynn had committed fraud in a business deal. Flynn sued Frost for defamation. Because Flynn had previously authorized Frost to discuss the deal publicly with the press, the consent operated as a full defense and the court dismissed the action.
Flagship Logistics lost a federal antitrust suit brought by the government. When a private plaintiff later filed a nearly identical class action, the court held that the earlier judgment supplied a full defense under nonmutual offensive collateral estoppel and entered judgment for the defendant.
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The prosecution offered sworn certificates from laboratory analysts stating that seized substances were cocaine. Because the analysts did not appear for cross-examination, the certificates could not be used and the absence of live testimony operated as a full defense that required acquittal.
Finn Fletcher shot a rival during a psychotic episode. Expert testimony established that his mental disease prevented formation of the required culpable mental state. The insanity finding constituted a full defense and the jury returned a verdict of not guilty by reason of insanity.
Felix Franco refused to register as a gambler under a federal statute that required self-incriminating disclosures. The Court held that the registration requirement violated the Fifth Amendment and supplied a full defense to the criminal charges.
Frank Fisher demanded to represent himself at his felony trial after the court appointed counsel over his objection. The denial of the request violated the Sixth Amendment and operated as a full defense that required reversal of the conviction.
A full defense completely bars liability or recovery when established. An affirmative defense also defeats the claim but must be pleaded and proved by the defendant even if the plaintiff's allegations are true.
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Consent to the publication of defamatory matter is a complete defense except when the inquiry is merely an honest investigation under the stated exception.
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Legal impossibility is a complete defense when the intended conduct would not constitute a crime even if carried out exactly as planned.
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Proof that the person against whom proceedings were instituted was actually guilty of the charged crime constitutes a complete defense to liability for malicious prosecution.
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…representations made by the salesman, (2) the warranty and disclaimer of liability contained in the purchase order constitute a complete defense to the action, (3) the warranty does not extend to "defects in design," and (4) there is no proof of any defect in the car. The trial court dismissed the complaint at the conclusion of the…