Difference between revisions of "Affirmative defense"
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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 | + | 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. |
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==See also== | ==See also== | ||
* [[Defense]] | * [[Defense]] | ||
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[[Category:Law]] | [[Category:Law]] | ||
| + | [[Category:Legal Terms]] | ||
[[Category:Home Security]] | [[Category:Home Security]] | ||
[[Category:Fortifications]] | [[Category:Fortifications]] | ||
Latest revision as of 18:50, April 9, 2018
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 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.