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Simple English definitions for legal terms

affirmative defense

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A quick definition of affirmative defense:

An affirmative defense is a type of defense used by a defendant in a criminal or civil case. It involves presenting evidence that, if believed, would show that the defendant is not responsible for the alleged wrongdoing, even if they did commit the act. The defendant has the burden of proving that the defense applies. Examples of affirmative defenses include self-defense, insanity, and necessity. Raising an affirmative defense does not prevent the defendant from also using other defenses.

A more thorough explanation:

An affirmative defense is a type of defense that a defendant can use in a criminal or civil case. It involves introducing evidence that, if believed, would show that the defendant is not liable for the alleged acts, even if those acts did occur. The burden of proof is on the party raising the affirmative defense to prove that it applies.

Examples of affirmative defenses include:

  • Self-defense: This defense is used when a defendant claims that they acted in self-defense to protect themselves from harm.
  • Entrapment: This defense is used when a defendant claims that they were induced or coerced by law enforcement to commit a crime that they would not have committed otherwise.
  • Insanity: This defense is used when a defendant claims that they were not mentally capable of understanding the nature of their actions or that their mental state prevented them from knowing that their actions were wrong.
  • Necessity: This defense is used when a defendant claims that they had to commit the alleged acts in order to prevent a greater harm from occurring.
  • Respondeat superior: This defense is used in civil cases when an employer is held liable for the actions of their employee.

It's important to note that raising an affirmative defense does not prevent a party from also raising other defenses. For example, a defendant could raise both self-defense and alibi as defenses in a criminal case.

Some jurisdictions may classify certain defenses as affirmative defenses while others do not. For example, self-defense is considered an affirmative defense in Florida but not in Ohio.

Overall, an affirmative defense is a way for a defendant to argue that they should not be held liable for the alleged acts, even if those acts did occur.

affirmative action | affirmative waste

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HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
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