affirmative defense

English - Turkish

Definition of affirmative defense in English Turkish dictionary

(Kanun) karşı cevap layihası

(Kanun) karşı ispat layihası

English - English

Definition of affirmative defense in English English dictionary

A defense against a suit or criminal charge that asserts mitigating facts rather than contesting the main fact of the allegation

New evidence offered by the defendant in an action which my serve to prove a new fact While not denying the charge, the defendant presents this evidence to avoid judgment against him or her A classic example of this is the entrapment defense

(Confession and avoidance) A defense that concedes allegations of the complaint but that pleads facts that nullify any implication of wrongdoing or liability A familiar example is the defense of payment to a suit on a debt (I owed the debt, but I paid it in full)

A document, filed with a court, stating a defendant's defenses to a lawsuit, or a plaintiff's defenses to a countersuit

In criminal law, a defense asserted by a defendant, who has the burden of producing the evidence to support it In civil cases, an affirmative defense may be asserted by a defendant or by a plaintiff in opposition to a counterclaim An affirmative defense must be established by a preponderance of the evidence and the party asserting it has the burden of proof

A defense which does not necessarily refute an allegation but offers new matter which may defeat the right to recovery

A defense raised in a responsive pleading, for example, an answer, concerning a matter raised in a pleading; affirmative defenses include contributory negligence or estoppel in civil actions and in criminal cases insanity, duress or self-defense

A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used

A defense that a defendant can raise and that, if proved, will overcome the plaintiff’s cause of action Usually, a defendant must plead an affirmative defense in the answer he files in response to the plaintiff’s complaint

Without denying the charge, the defendant raises circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility

When a defendant or person responding to a civil case has a reason that would make him or her "not guilty" or not at fault and gives the court new evidence to prove that The defense has to prove what it says (called "burden of proof") The defense has to explain this defense in their answer

Hyphenation

af·fir·ma·tive de·fense

Turkish pronunciation

ıfırmıtîv dîfens

Pronunciation

/əˈfərmətəv dəˈfens/ /əˈfɜrmətɪv dɪˈfɛns/