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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.
The law permits use of reasonable force to protect one's person or property. If force is used for self-defence they will not be liable for harm. Unclean hands. In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification – such as self-defense and defense of others or defense of property.
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. General rule [ edit ]
Justification and excuse are different defenses in a United States criminal case. [1]: 513 Both defenses admit that the defendant committed an act proscribed by law.[1]: 513 The proscribed act has justification if the act had positive effects that outweigh its negative effects, or is not wrong or blameworthy.
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.
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the intent element), known as defenses. The label may be apt in jurisdictions where the accused may be assigned some burden before a tribunal .
In law, an absolute defence (or defense) is a factual circumstance or argument that, if proven, will end the litigation in favor of the defendant. [1] The concept of an absolute defence is not a rigid one. Statutes frequently use the term merely as a synonym to "full" or "complete".
For example, the presumption of innocence in a criminal case places a legal burden upon the prosecution to prove all elements of the offense (generally beyond a reasonable doubt), and to disprove all the defenses except for affirmative defenses in which the proof of non-existence of all affirmative defense(s) is not constitutionally required of ...