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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 the first definitive book on defence mechanisms, The Ego and the Mechanisms of Defence (1936), [7] Anna Freud enumerated the ten defence mechanisms that appear in the works of her father, Sigmund Freud: repression, regression, reaction formation, isolation, undoing, projection, introjection, turning against one's own person, reversal into the opposite, and sublimation or displacement.
Self-affirmation theory is a psychological theory that focuses on how individuals adapt to information or experiences that are threatening to their self-concept. Claude Steele originally popularized self-affirmation theory in the late 1980s, [1] [2] and it remains a well-studied theory in social psychological research.
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:
The FRCP does not entirely eliminate code pleading. The FRCP still requires that certain pleadings state facts with particularity. An example is Federal Rule 9(b) which states that "in alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake". [3] This is considered a special pleading rule.
The defense is to be contrasted with insanity which is a complete but affirmative defense. In most jurisdictions a defendant would be acquitted on the grounds of insanity if the defendant established to the satisfaction of the jury that he suffered from such a mental disease or defect that he was unable to appreciate the consequences of his ...
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In Verleugnung, the defense consists of denying something that affects the individual and is a way of affirming what he or she is apparently denying. For Freud, Verleugnung is related to psychoses, whereas Verdrängung is a neurotic defense mechanism. [8] [9] Freud broadened his clinical work on disavowal beyond the realm of psychosis. In ...