Define an Affirmative Defense

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The Answer is An affirmative defense is a type of defense used in legal proceedings whereby the defendant acknowledges the facts of the case as presented by the plaintiff but introduces new information that, if proven true, can negate or mitigate the legal consequences of the defendant's actions. In other words, the defendant admits to the factual basis of the accusation but offers an additional fact or argument that, under the law, excuses or justifies their behavior, or reduces their liability.

Affirmative defenses must be explicitly claimed by the defendant, and the burden of proof often shifts to the defendant to prove the defense is valid. Examples of affirmative defenses include self-defense in a battery or assault case, consent in a case involving alleged sexual assault, the statute of limitations in a contract dispute, or insanity in criminal cases.

If the defendant successfully proves an affirmative defense, they may be found not guilty or liable, or their punishment or damages may be reduced. Affirmative defenses are an essential aspect of the legal system as they ensure that all relevant facts and circumstances surrounding a case are considered before reaching a verdict.

Define an Affirmative Defense

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