What is an Affirmative Defense?
An affirmative defense is a special kind of defense to criminal charges. In most defenses, the defense is aimed at showing that the prosecution did not prove his case. For example, the alibi defense says “I couldn’t have committed the crime because I was somewhere else.” An affirmative defense, on the other hand, usually admits that the facts of the crime occurred and that the defendant did them, but asserts that the defendant should not be convicted anyway. For example, in a self-defense case, the defendant might say “Yes, I killed him, but he pointed a gun at me.” In some affirmative defenses, the defendant has the burden of proving the facts relating to the defense. So to take advantage of the “I thought she was 18” defense, the defendant bears the burden of establishing the evidence that led him to believe she was of age. Once the defendant raises that evidence to a sufficient degree, the state then must prove beyond a reasonable doubt that the defense did not exist.
A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.
Despite it’s name, it’s not just defensive in nature. It’s a plaintiff’s first opportunity to accuse back, as well as to raise issues that help it defend itself. As this dictionary defines it, it means: “A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts.” By the way, you can just click on the dictionary.com icon on the left and type in whatever you want defined for any legal term, in addition to the links I will provide. Dictionary.com’s definition of an affirmative defense is that it’s the “part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his/her own charges, which are called ‘affirmative defenses.’ These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defen
If you file a charge against your employer alleging some form of race discrimination (violations of the Federal statutes of The Civil Rights Act), your employer will have to determine how to respond to the allegations. Whether you have filed a complaint with an organization such as the Equal Employment Opportunity Commission (EEOC) or you have sought the assistance of an attorney, your employer isn’t very likely to instantly assume full responsibility for any infractions of Federal statutes. One option your employer has is to file an affirmative defense. With an affirmative defense, your employer won’t have to deny any charges that have been brought. However, the employer will be able to raise extenuating or mitigating circumstances in order to avoid responsibility in a civil case. An example of an affirmative defense would be an employer arguing that it exercised reasonable care to prevent and promptly correct harassment. Reasonable care generally requires an employer to establish, di
