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LSDefine
Simple English definitions for legal terms
negative defense
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A quick definition of negative defense:
Negative defense is when a defendant denies the plaintiff's allegations without providing any additional facts to support their denial. It is the opposite of affirmative defense, which is when a defendant provides facts and arguments to defeat the plaintiff's claim. A defendant may use various types of defenses, such as insanity defense, perfect defense, or real defense, to avoid liability or punishment. The defense strategy may also involve tactics such as passive defense or Stalingrad defense to oppose the plaintiff's case.A more thorough explanation:
Negative defense is a type of defense used by a defendant in a legal case. It is when the defendant denies the plaintiff's allegations without providing any additional facts to support their denial. This is different from an affirmative defense, which is when the defendant provides facts and arguments that, if true, would defeat the plaintiff's claim even if all the allegations in the complaint are true.
For example, if someone is accused of stealing a car, a negative defense would be simply denying that they stole the car without providing any evidence to support their denial. An affirmative defense, on the other hand, would be providing evidence that they were out of town at the time of the alleged theft.
It is important to note that the burden of proof is on the defendant to prove an affirmative defense, while the burden of proof is on the plaintiff to prove their case beyond a reasonable doubt.