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 a reason that, assuming the factual charges are true, operates to limit or excuse the licensure action.
More Definitions of Affirmative defense
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 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 “[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 enforcement proceeding, a
Affirmative defense means an assertion by one party raising facts and arguments that, if true, will defeat the other party’s claim, even if all allegations in the other party’s complaint or Notice of Adverse Action are true.
Affirmative defense means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.
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.