Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.
Affirmative defense means a responsive answer asserting facts in addition to those alleged that are legally sufficient to rebut asserted allegations.
Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defend- ant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. This rule provides an affirmative defense to ac- tions for penalties brought for excess emissions that arise during certain malfunction episodes.
Examples of Affirmative defense in a sentence
If any such action is brought, this AGREEMENT will constitute an Affirmative Defense thereto, and the REGENTS and any other RELEASED PARTIES named in such action shall be entitled to recover reasonable costs and attorneys’ fees incurred in defending against any RELEASED CLAIMS.
More Definitions of Affirmative defense
Affirmative defense means a reason that, assuming the factual charges are true, operates to limit or excuse the licensure action.
Affirmative defense means any special defense that, although not denying that the accused committed the objective acts constituting the offense charged, denies, in whole or in part, criminal responsibility for those acts.
Affirmative defense means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue.
Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by adefendant, regarding which thedefendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicialor administrative proceeding.
Affirmative defense means a ground raised by the recipient or responsible adult to contest the rescission of the contract by Davidson County other than the grounds for rescission set forth in Section 11(f). Affirmative defenses shall expressly include by way of illustration only and not limitation fraud, impossibility of performance, frustration of purpose and statute of limitations and may include any factual basis to support any affirmative defense.
Affirmative defense means “[i]n pleading, matter asserted by defendant which, assuming the complaint to be true, constitutes a defense to it.” BLACK’S LAW DICTIONARY 60 (6th ed. 1990).
Affirmative defense means, in the context of an excess emissions incident, a response or defense put forward by a source, regarding which the source has the burden of proof, for the purpose of establishing that the incident does not constitute a violation.