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In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include:
For example: If the affirmative link turned the economy disadvantage above but also argued that economic collapse did not lead to war, the negative could "kick" the disadvantage by granting the impact take-out to eliminate the risk of a turn. A common negative mistake is to grant a non-uniqueness argument to kick a link turned disadvantage.
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
Most forms of debate begin from some resolution or statement of advocacy. As the affirmative plan affirms the resolution in theory or at least within the sphere of its distinct existence, it is reasonable to assume that the negative team must advocate the negation of the resolution, usually either through the defense of the status quo or a counterplan distinct from the resolution advocacy.
A case theory (aka theory of case, theory of a case, or theory of the case) is “a detailed, coherent, accurate story of what occurred" involving both a legal theory (i.e., claims/causes of action or affirmative defenses) and a factual theory (i.e., an explanation of how a particular course of events could have happened). [1]
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
Use of the word "absolute" sometimes causes confusion, because even in the law "absolute" is sometimes used simply as a synonym for "full" or "complete". As a term or art, however, there are many complete defences which are not customarily called absolute. Most notably, innocence, while a complete defense to a criminal charge, is not generally ...