Affirmative defense definition

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

• 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.

• Terms used in this subpart are defined in the Clean Air Act, in subpart A of this part, or in this section as follows: Affirmative defense means, in the context of an enforcement proceeding, a response or a 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, in the context of an enforcement proceeding, a response or a 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 provisions by their nature purport to limit or eliminate the authority of federal courts to determine liability or to impose remedies through factual considerations that differ from, or are contrary to, the explicit grants of authority in section 113(b) and section 113(e).

• Section 63.1251 is amended by adding in alphabetical order a definition for ‘‘affirmative defense’’ to read as follows:§ 63.1251 Definitions.* * * * *Affirmative defense means, in the context of an enforcement proceeding, a response or a 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.* * * * *■ 40.

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, 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 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 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 a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability, even if it is proven that the defendant committed the alleged acts. Self-defense, entrapment, and necessity are some examples of affirmative defenses.