affirmative defense
Quick Summary
In law, an affirmative defense is a response to a plaintiff's claim where the defendant acknowledges the facts of the plaintiff's case but presents new facts or arguments to show why they should not be held liable. This shifts the burden of proof to the defendant to establish the validity of their affirmative defense.1
Examples of affirmative defenses include self-defense in a criminal case or the statute of limitations in a civil case. A defensive allegation, in English ecclesiastical law, is a type of pleading where the defendant doesn't deny the plaintiff's claims but introduces new facts to support their defense. A statement of defense is a defendant's initial pleading on a factual issue in certain legal systems.23
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