Affirmative Defense

(redirected from Affirmative defenses)
Also found in: Medical.

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.

References in periodicals archive ?
Clearfield responded with affirmative defenses and filed inter partes reviews with the US Patent and Trademark Office relating to some of the asserted patents.
Under the Equal Pay Act, once a plaintiff has made a prima facie showing of discrimination, the burdens of production and persuasion shift to the defendant-employer to justify the wage differential with one of four affirmative defenses.
Rebutting the Complaint's Allegations and Affirmative Defenses
It details key features in the field of lawyer professional liability, including prominent causes of action (professional negligence, breach of fiduciary duty, and fraud), the role of experts in malpractice litigation, theories of liability to nonclients, affirmative defenses, damages, and fee forfeiture, then issues of practical significance, including the vicarious liability of lawyers and law firms, conflicts of interest, strategies for reducing errors and claims, and the role and limits of malpractice insurance.
26) While these factors seem at first to be affirmative defenses, clever defendants could raise these factors in a motion to dismiss, and effectively require the plaintiff to plead around the defendant's affirmative defenses during the plaintiff's prima facie stage.
Such proof should ordinarily deter a foreclosure defense attorney from raising standing as an issue in the mortgage foreclosure action because affirmative defenses must be alleged in good faith.
Several of the purported affirmative defenses simply restate the grounds asserted in the motion to dismiss; others are irrelevant to the claims asserted by Nielsen, are redundant, or consist of argument that does not state a legally cognizable affirmative defense," says Nielsen.
The words were written as part of 20 affirmative defenses laid out against the claims in the suit.
Subsequently, ABS-CBN moved for the preliminary hearing of affirmative defenses, which was granted by the trial court.
Asia Trend, (21) noted that defendants generally have the burden of proving affirmative defenses.
Asia Trend,21 noted that defendants generally have the burden of proving affirmative defenses.
This court is aware of the Court of Appeals for the Armed Forces cases interpreting the statutory burden shift for Article 120, UCMJ, affirmative defenses.

Full browser ?