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)
“He said, truly, that the reason why such greatly superior numbers quailed before him was, as one of his prisoners confessed, because they lacked a cause,—a kind of armor which he and his party never lacked. When the time came, few men were found willing to lay down their lives in defense of what they knew to be wrong; they did not like that this should be their last act in this world.”
—Henry David Thoreau (1817–1862)