In law, an affirmative defense is a complete or partial defense to a civil or criminal claim based on facts other than those alleged by the plaintiff or prosecutor. An affirmative defense alleges facts that, if proven by the defendant, would defeat or reduce a claim even if the allegations alleged in the claim are all proven. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, and waiver. In criminal prosecutions, examples affirmative defenses include self defense, insanity, and the statute of limitations.
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Famous quotes containing the words affirmative and/or defense:
“The new statement will comprise the skepticisms, as well as the faiths of society, and out of unbeliefs a creed shall be formed. For, skepticisms are not gratuitous or lawless, but are limitations of the affirmative statement, and the new philosophy must take them in, and make affirmations outside of them, just as much as must include the oldest beliefs.”
—Ralph Waldo Emerson (1803–1882)
“For there is no defense for a man who, in the excess of his wealth, has kicked the great altar of Justice out of sight.”
—Aeschylus (525–456 B.C.)