A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used.
An "affirmative defense" is a legally permissible reason for basing an employment decision on an individual's protected basis. For example, it permits an employer to admit that he did not promote an individual because of his/her disability as long as the employer can prove that its conduct is excused by a special provision in the law. The affirmative defenses that follow apply primarily to employment discrimination.
A defense which will negate criminal blameworthiness even if it is proven that the defendant committed the alleged acts. (e.g., self-defense, insanity, and necessity); the defendant bears the burden of production.
When a defendant or person responding to a civil case gives the court new evidence to prove that s/he is not guilty or not at fault. The defense has to prove what it says (called burden of proof). The defense must explain defense in their Answer.
Explanation for a defendant's actions that excuses or justifies his behavior.
A statement by a defendant that provides justification for an action or an explanation for behavior or that provides the basis for denial of liability.
a claim made by a defendant, which, if true, serves as a total or partial defense to the claims made against that defendant
a defense that does not controvert the establishment of the plaintiff's prima facie case, but otherwise denies relief to the plaintiff
a defense that does not controvert the plaintiff's establishing a prima facie case, but that otherwise denies relief to the plaintiff
a defense that may be raised by a defendant that constitutes a complete bar to a claim
a defense that must be pleaded and proved by the person responding to a claim
a defense that when raised and demonstrated, precludes the other side from recovery
a defense when the person admits to the act but claims that they had some unique legal justification for doing so like self defense, obedience to orders, insanity
a legal argument in which the defendant admits the existence of all required elements, but argues that his or her actions should be excused nonetheless
a legal argument in which the medical professional admits the existence of all required elements, but argues there is something that excuses the actions
a legal argument that admits the existence of all required elements, but nonetheless excuses the actions of the medical professional
a legal argument that admits the existence of the required elements, but maintains that the plaintiff is also culpable
a means for getting off the hook if one can prove the elements of the defense
an allegation of some new matter as a bar to plaintiff's recovery
an assertion by the citee that raises new facts and arguments that, if true, would excuse the party from liability
an issue which is not raised by the pleadings, but which would result in judgment in favor of the defendant if proved
A matter that constitutes opposition to the allegations of a complaint, which are assumed to be true.
A defense such as insanity, self-defense, and entrapment. If proved by the defendant, it makes the defendant not guilty of the crime even if the prosecution can prove the elements of the crime.
a defendant's assertion raising facts and arguments that, if true, will defeat the plaintiffs claims, even if all of their allegations are true. Usually provided for by common law tradition or by the governing statute. (see legitimate non-discriminatory reason)
New evidence offered by the defendant in an action which my serve to prove a new fact. While not denying the charge, the defendant presents this evidence to avoid judgment against him or her. A classic example of this is the entrapment defense.
A statement set forth in the defendant's answer to a plaintiff's complaint which recites facts which, if proven true, would excuse the defendant from some or all obligation owed to the plaintiff.
New facts or legal defenses in response to the opposing spouse's pleading.
Defendant provides an excuse to escape responsibility without denying plaintiff's claim.
A legal argument that the conduct is permissible. Affirmative defenses may be rights such as fair use (in copyright), but procedurally they are treated as defenses, meaning the issue is only raised in response to a complaint. If a lawsuit has actually been filed, affirmative defenses must be raised in the first response (the "answer") to the complaint, or else they are waived. Common affirmative defenses in copyright and trademark law include fair use, genericness, abandonment, or other First Amendment defenses.
Without denying the charge, defendant raises extenuating or mitigating circumstances such as insanity, self-defense or entrapment to avoid civil or criminal responsibility.
such as insanity or intoxication, asserted by a criminal defendant to excuse actions legally; when asserted by a civil defendant, it amounts to a counterclaim against the original petition; the party who raises an affirmative defense must present evidence to support it
An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions, or, more familiarly, a type of defense raised in criminal law by the defendant. Affirmative defenses operate to limit or excuse or avoid a defendant's criminal culpability or civil liability, even if the factual allegations of plaintiff's claim are admitted or proven.