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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
(Since 2003); Texas Penal Code §21.11(b) still excludes same-sex activity from the affirmative defense under Texas's "Romeo and Juliet law" Anti-discrimination laws in employment Both sexual orientation and gender identity federally since 2020.
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury.
The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the common law, with the exception of a few penal statutes. [3] In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas.
Smith v. Allwright, 321 U.S. 649 (1944), was a landmark decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation.It overturned the Texas state law that authorized parties to set their internal rules, including the use of white primaries.
The Supreme Court on July 1, 2024, kept on hold efforts by Texas and Florida to limit how Facebook, TikTok, X, YouTube and other social media platforms regulate content in a ruling that strongly ...
Section 94.257 of the Texas Property Code states: Unless possession of a firearm or firearm ammunition on a landlord’s property is prohibited by state or federal law, a landlord may not prohibit ...
Consent can be a defense to any intentional tort, although lack of consent is occasionally incorporated into the definition of an intentional tort, such as trespass to land. However, lack of consent is not always an essential element to establish a prima facie case in such situations. Therefore, it is properly treated as an affirmative defense.