Affirmative Defense

A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.

A plaintiff sets forth a claim in a civil action by making statements in the document called the complaint. These statements must be sufficient to warrant relief from the court. The defendant responds to the plaintiff's claims by preparing an answer in which the defendant may deny the truth of the plaintiff's allegations or assert that there are additional facts that constitute a defense to the plaintiff's action. For example, a plaintiff may demand compensation for damage done to his or her vehicle in an automobile accident. Without denying responsibility for the accident, the defendant may claim to have an affirmative defense, such as the plain-tiff's contributory Negligence or expiration of the Statute of Limitations.

An affirmative defense is also allowed under rules of Criminal Procedure. For example, a defendant accused of assault may claim to have been intoxicated or insane, to have struck out in Self-Defense, or to have had an alibi for the night in question. Any one of these affirmative defenses must be asserted by showing that there are facts in addition to the ones in the indictment or information charging the defendant and that those additional facts are legally sufficient to excuse the defendant.

The rules that govern Pleading in most courts require a defendant to raise all affirmative defenses when first responding to the civil claim or criminal charges against him or her. Failure to do so may preclude assertion of that kind of defense later in the trial.

affirmative defense

n. when a defendant files an answer, in addition to denying some or all of the allegations, he/she can state what are called "affirmative defenses." These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the "boilerplate" (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.

单词	affirmative defense
释义	affirmative defense Affirmative Defense A defense by a physician or other health care provider in a civil action, in which one asserts that one adhered to the local standards of care—which may be established by Ob/Gyns, emergency room specialists, or anesthesiologists. affirmative defense Medical liability A defense used by a physician in a lawsuit that is based on adherence to the local standards of care–which may be established by Ob/Gyns, emergency room specialists, and anesthesiologists. See Medical malpractice. Affirmative Defense Affirmative Defense A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true. A plaintiff sets forth a claim in a civil action by making statements in the document called the complaint. These statements must be sufficient to warrant relief from the court. The defendant responds to the plaintiff's claims by preparing an answer in which the defendant may deny the truth of the plaintiff's allegations or assert that there are additional facts that constitute a defense to the plaintiff's action. For example, a plaintiff may demand compensation for damage done to his or her vehicle in an automobile accident. Without denying responsibility for the accident, the defendant may claim to have an affirmative defense, such as the plain-tiff's contributory Negligence or expiration of the Statute of Limitations. An affirmative defense is also allowed under rules of Criminal Procedure. For example, a defendant accused of assault may claim to have been intoxicated or insane, to have struck out in Self-Defense, or to have had an alibi for the night in question. Any one of these affirmative defenses must be asserted by showing that there are facts in addition to the ones in the indictment or information charging the defendant and that those additional facts are legally sufficient to excuse the defendant. The rules that govern Pleading in most courts require a defendant to raise all affirmative defenses when first responding to the civil claim or criminal charges against him or her. Failure to do so may preclude assertion of that kind of defense later in the trial. affirmative defense n. when a defendant files an answer, in addition to denying some or all of the allegations, he/she can state what are called "affirmative defenses." These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the "boilerplate" (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.
随便看	mothers against lousy education mothers against maddox mothers against medical error mothers against methamphetamine mothers against misuse and abuse mothers against msbp allegations mothers against murder and aggression mothers against peeing standing up mothers against road head mothers against sexual abuse mothers against sexual predators mothers against street racing mothers against teaching children to kill and hate mothers against teen violence mothers against texting and driving mothers against the draft mothers against the music of kiss mothers against videogame addiction and violence mothers against violence in america mothers against violent acts mothers against wasl mothers always bring extra love mothers and babies research centre mothers and fathers in action mothers and others for a livable planet