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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]
Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way.
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.
Pages in category "Criminal defenses" The following 75 pages are in this category, out of 75 total. This list may not reflect recent changes. ...
In the United States, self-defense is an affirmative defense that is used to justify the use of force by one person against another person under specific circumstances.
Learn more in The News & Observer’s weekly roundup of higher ed news about how some UNC trustees responded to a speaker’s comments about the university’s admissions policies.
To listen to linebacker Dorian Mausi, Duke's defensive players don't mind the challenge of stopping an offense that has pushed deep into the Blue Devils' end of the field. The mentality has worked ...
The list to get into Droege House is long, and an additional five to six addicts died while waiting for an open slot, Duke said. Duke had come to work at Droege as a way to honor her brother Josh, 28, who fatally overdosed on heroin on January 13, 2011 – six days after completing a 45-day rehab in Cincinnati.
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related to: affirmative defense list