Simple English definitions for legal terms
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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.
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:
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.