An '''affirmative defense''' is 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. [[Category:Legal Terms]]
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An '''affirmative defense''' is a defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint in order to negate or reduce culpability even if all [[element (law)|elements]] of the complaint are met. Affirmative defenses might include [[contributory negligence]] or estopped in civil actions; in [[criminal]] cases [[insanity]], duress, or [[self-defense]] might be used. Typically, the [[burden of proof]] of an affirmative defense is on the person raising it.