Affirmative defense
A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. Self-defense, entrapment, insanity, and necessity are some examples of affirmative defenses. See, e.g. Beach v. Ocwen Fed. Bank, 523 U.S. 410 (1998).
Definition from Nolo’s Plain-English Law Dictionary
When a defendant in a civil lawsuit files a response, usually called an "answer," the answer will state the defendant's denials of the claims made. In addition, the defendant may state affirmative defenses that excuse or justify the behavior on which the lawsuit is based. For example, an affirmative defense of "unclean hands" argues that the person bringing the lawsuit has acted badly in a way that should preclude any finding against the defendant.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm
