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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.

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15:41
just for u sweetie pie
15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
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