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 affirmative class monopolize the homage of mankind. They originate and execute all the great feats. What a force was coiled up in the skull of Napoleon!”
—Ralph Waldo Emerson (1803–1882)
“... most Southerners of my parents’ era were raised to feel that it wasn’t respectable to be rich. We felt that all patriotic Southerners had lost everything in defense of the South, and sufficient time hadn’t elapsed for respectable rebuilding of financial security in a war- impoverished region.”
—Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 1, ch. 1 (1962)