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:
“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)
“To give an accurate description of what has never occurred is not merely the proper occupation of the historian, but the inalienable privilege of any man of parts and culture.”
—Oscar Wilde (1854–1900)
“Everything to which we concede existence is a posit from the standpoint of a description of the theory-building process, and simultaneously real from the standpoint of the theory that is being built. Nor let us look down on the standpoint of the theory as make-believe; for we can never do better than occupy the standpoint of some theory or other, the best we can muster at the time.”
—Willard Van Orman Quine (b. 1908)