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Simple English definitions for legal terms

affirmative defense

Read a random definition: S.E.

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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Hi chowie
How'd you feel about your test
10:01
good morning y'all
Morning
10:37
Gecko, I feel pretty good. Two of the RC passages had really tough inference questions -- hoping I narrowed down my answer choices correctly
10:38
Very happy with LR other than having to guess on a couple questions cuz of time
10:42
i have a question about my personal statement. in my activism for the hospitality workers' union, i organized and spoke up in favor of stronger regulations on airbnb because the unregulated spread of airbnb throughout LA was inflating housing costs for workers and threatening their job security. do you think it's too divisive to mention regulating airbnb? idk
Nostradumbass
10:44
I wrote mine about how all activists should be consolidated into a large smelting pot and refined down to a viscous goo
Nostradumbass
10:45
Expecting a lot of rejections though
11:07
I'm sure you'll get a full ride to a few schools :P
11:11
The impression I get is most schools try not to judge based on the political implications of what you write about. They probably care more that you saw a problem and tried to fix it. That seems like a great thing to write a PS about @chowie
11:18
Besides, if a school didn’t let you in for trying to fix a problem you saw in your community, that doesn’t say great things about your school’s culture (assuming the thing you did showed good common sense judgment ofc)
11:19
That school’s* culture
11:23
Thanks Howl you're right :D I def talked about solving problems in my PS
12:03
@HowlEngineer: what's your dream school
MildChiller
12:08
"Have you applied for admission to [school] in a prior year" I applied in Oct. of the 23-24 cycle, should I put 23 or 24 as the year I applied?
MildChiller
12:09
Bcuz 2023 is when I technically applied but I applied for admissions in 2024
12:14
2024 cuz that's when you would've been admitted
I agree with Howl
12:19
Gecko what's ur dream school
Hard to say. I'm pretty firmly committed to the philly area so probably temple or villanova
Also relatively debt averse so I'd have to get a good scholarship from BC or Fordham to want to go but that's not very likely for me
Any advice? lol
[] baddestbunny
12:25
what’s a good scholarship for you? what would make BC or Fordham worth it?
12:25
Hmmmm let me think
[] baddestbunny
12:25
fordham’s max aid they give is 45k per year
Bunny I can possibly get a 75%+ scholarship from villanova or temple, and I'd be moving back in with my parents if I went there so I'd have near-zero COL. It'd be really hard to beat that
I would prefer BC over Fordham just because I like boston more, but I'm expecting a WL there tbh
I would maybe consider BC with $ but I don't know how to decide if a better biglaw chance is worth the COL + higher tuition
12:50
How do I know if my status checkers are properly linked
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