Affirmative Defense - Description

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:

    A sound mind in a sound body, is a short, but full description of a happy state in this World: he that has these two, has little more to wish for; and he that wants either of them, will be little the better for anything else.
    John Locke (1632–1704)

    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)

    It is possible—indeed possible even according to the old conception of logic—to give in advance a description of all ‘true’ logical propositions. Hence there can never be surprises in logic.
    Ludwig Wittgenstein (1889–1951)