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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.
A defense of justification is the product of society's determination that the actual existence of certain circumstances will operate to make proper and legal what otherwise would be criminal conduct. A defense of excuse, contrarily, does not make legal and proper conduct which ordinarily would result in criminal liability; instead, it openly ...
Arguably, even affirmative defenses such as "self-defense", insanity, or "mistake of fact" qualify as "actual innocence" claims because while in those cases the accused admits to both their identity as the actor and to the existence of the act ("actus reus"), they are claiming that the State cannot prove that they had the requisite mental state ...
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).
An affirmative defense is a defense established by law, according to which the law endorses conduct that is otherwise illegal. Necessity Defense. A necessity defense is a common law doctrine according to which individuals are exonerated from otherwise criminal conduct where that conduct was intended to avoid a greater harm. [1]
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. [2] [3]
Reports prepared by defense expert witnesses. The prosecution may also gain rights to notice of specific affirmative defenses , such as whether the defendant intends to raise an alibi defense or insanity defense , and have discovery rights relating to those defenses.
This is a list of dāstāns and qissas (prose fiction) written in Urdu during the 18th and 19th centuries. The skeleton of the list is a reproduction of the list provided by Gyan Chand Jain in his study entitled Urdū kī nasrī dāstānen .