affirmative defense


affirmative defense
In pleading, matter asserted by defendant which, assuming the complaint to be true, constitutes a defense to it. A response to a plaintiffs claim which attacks the plaintiffs legal right to bring an action, as opposed to attacking the truth of claim.
Under the Fed. Rules of Civil Procedure, and also under most state Rules, all affirmative defenses must be raised in the responsive pleading (answer); such defenses include accord and satisfaction, assumption of risk, contributory negligence, duress, statute of limitations, estoppel, etc.
See Fed.R. Civil P. 8(c).
Affirmative defenses in criminal cases include insanity, intoxication, self-defense, automatism, coercion, alibi, and duress.
See e.g. Model Penal Code No. 3.01 (justification as affirmative defense)
+ affirmative defense
A defense which must be pleaded affirmatively in the defendant's answer. Fed.R.Civ.P. 8(c)

Black's law dictionary. . 1990.

Look at other dictionaries:

  • affirmative defense — see defense 2a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. affirmative defense …   Law dictionary

  • Affirmative defense — An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions, or, more familiarly, a type of defense raised in criminal law by the defendant. Affirmative defense can be classified as… …   Wikipedia

  • affirmative defense — A defense which amounts to something more than a mere denial of the plaintiff s allegations; a defense which sets up new matter not embraced within the ordinary scope of a denial of the material averments of the complaint. Among such defenses are …   Ballentine's law dictionary

  • affirmative defense — noun : a defense setting up new matter that provides a defense against the plaintiff s case, assuming the complaint to be true …   Useful english dictionary

  • affirmative defense — noun A defense against a suit or criminal charge that asserts mitigating facts rather than contesting the main fact of the allegation …   Wiktionary

  • defense — de·fense /di fens, dē ˌfens/ n 1: the act or action of defending see also self defense 2 a: the theory or ground that forms the basis for a defendant s opposition to an allegation in a complaint or to a charge in a charging instrument (as an… …   Law dictionary

  • affirmative — af·fir·ma·tive /ə fər mə tiv/ adj 1: asserting the existence of certain facts esp. in support of a cause of action affirmative proof 2: resulting from an intentional act affirmative concealment 3: involving or requiring application of effort …   Law dictionary

  • defense of property — Affirmative defense in criminal law or tort law where force was used to protect one s property. Short Dictionary of (mostly American) Legal Terms and Abbreviations …   Law dictionary

  • defense of property — Affirmative defense in criminal case consisting of justified force in protecting one s property though such force must be reasonable under all circumstances …   Black's law dictionary

  • defense — That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks. That which is put forward to diminish plaintiffs cause of action or …   Black's law dictionary


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.