Affirmative defense

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. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense,[1] insanity,[2] entrapment[3] and the statute of limitations.

  1. ^ Neubauer, David W. (2005). America's Courts and the Criminal Justice System. Wadsworth. p. 320. ISBN 0-534-62892-3.
  2. ^ "Insanity defense". LII / Legal Information Institute. Retrieved October 25, 2021.
  3. ^ "Entrapment". Wex. Cornell Law School. Retrieved October 25, 2021.

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