AFFIRMATIVE DEFENSE Meaning and
Definition
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An affirmative defense is a legal term that refers to a type of response provided by the defendant in a civil or criminal case. It is a tactic used by the defendant to claim and assert that even if the allegations made by the plaintiff or prosecutor are true, there are still legal justifications or valid mitigating circumstances that should prevent liability or guilt.
This form of defense is different from a general denial or a denial of the plaintiff's claims. With an affirmative defense, the defendant admits to the allegations but attempts to avoid liability by introducing additional facts or evidence that might excuse or justify their actions. These defenses typically involve a set of specific circumstances or legal doctrines recognized by the court system.
Common examples of affirmative defenses include self-defense, consent, duress, statute of limitations, contributory negligence, and immunity. Each defense may vary depending on the jurisdiction and applicable law.
To assert an affirmative defense, the defendant must generally proactively raise and prove the elements required for the defense during the trial process. Failure to do so may result in the court disregarding the defense. If the defendant is successful in proving their affirmative defense, it can lead to a reduced sentence, dismissal of charges, or a finding of no liability in a civil lawsuit.
Common Misspellings for AFFIRMATIVE DEFENSE
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Etymology of AFFIRMATIVE DEFENSE
The term "affirmative defense" is derived from two words: "affirmative" and "defense".
1. "Affirmative":
The word "affirmative" is derived from the Latin word "affirmativus" which means "declaring or stating as true". It comes from the verb "affirmare" which means "to assert, confirm, or establish", and is formed from the prefix "ad-" meaning "to" and "firmare" meaning "to make firm or strengthen". In English, "affirmative" is used to describe something that affirms, asserts, or confirms a statement or proposition.
2. "Defense":
The word "defense" comes from the Middle English word "defense" which is derived from the Old French word "defens" and ultimately from the Latin word "defensus", the past participle of "defendere".
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