Description
In an affirmative defense, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. An affirmative defense is known, alternatively, as a justification, or an excuse, defense. Consequently, affirmative defenses limit or excuse a defendant's criminal culpability or civil liability.
A clear illustration of an affirmative defense is self defense. In its simplest form, a criminal defendant may be exonerated if he can demonstrate that he had an honest and reasonable belief that another's use of force was unlawful and that the defendant's conduct was necessary to protect himself.
Read more about this topic: Affirmative Defense
Famous quotes containing the word description:
“The Sage of Toronto ... spent several decades marveling at the numerous freedoms created by a “global village” instantly and effortlessly accessible to all. Villages, unlike towns, have always been ruled by conformism, isolation, petty surveillance, boredom and repetitive malicious gossip about the same families. Which is a precise enough description of the global spectacle’s present vulgarity.”
—Guy Debord (b. 1931)
“I fancy it must be the quantity of animal food eaten by the English which renders their character insusceptible of civilisation. I suspect it is in their kitchens and not in their churches that their reformation must be worked, and that Missionaries of that description from [France] would avail more than those who should endeavor to tame them by precepts of religion or philosophy.”
—Thomas Jefferson (1743–1826)
“The next Augustan age will dawn on the other side of the Atlantic. There will, perhaps, be a Thucydides at Boston, a Xenophon at New York, and, in time, a Virgil at Mexico, and a Newton at Peru. At last, some curious traveller from Lima will visit England and give a description of the ruins of St Paul’s, like the editions of Balbec and Palmyra.”
—Horace Walpole (1717–1797)