An explanation for a defendant’s actions that excuses or justifies his behaviour. For example, acting in self-defence is a common affirmative defence to a charge of battery or homicide. Other affirmative defences include insanity, duress and intoxication.
An affirmative defence is a legal argument presented by a defendant in a civil or criminal case that seeks to justify or excuse their actions. This defence requires the defendant to present evidence to support their claim, and if successful, it can result in the dismissal of the case or a finding of not guilty. Examples of affirmative defences include self-defence, insanity, and the statute of limitations. n. part of an answer to a charge or complaint in which a defendant takes the offence and responds to the allegations with his/her own charges, which are called “affirmative defences.” These defences can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defences based on legal principles. Many of these defences fall into the “boilerplate” (stated in routine, non-specific language) category, but one or more of the defences may help the defendant.
n. part of an answer to a charge or complaint in which a defendant takes the offence and responds to the allegations with his/her own charges, which are called “affirmative defences.” These defences can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defences based on legal principles. Many of these defences fall into the “boilerplate” (stated in routine, non-specific language) category, but one or more of the defences may help the defendant.
A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
A plaintiff sets forth a claim in a civil action by making statements in a document called the complaint. These statements must be sufficient to warrant relief from the court. The defendant responds to the plaintiff’s claims by preparing an answer in which the defendant may deny the truth of the plaintiff’s allegations or assert that there are additional facts that constitute a defence to the plaintiff’s action. For example, a plaintiff may demand compensation for damage done to his or her vehicle in an automobile accident. Without denying responsibility for the accident, the defendant may claim to have an affirmative defence, such as the plaintiff’s contributory negligence or expiration of the statute of limitations.
An affirmative defence is also allowed under the rules of Criminal Procedure. For example, a defendant accused of assault may claim to have been intoxicated or insane, to have struck out in self-defence, or to have had an alibi for the night in question. Any one of these affirmative defences must be asserted by showing that there are facts in addition to the ones in the indictment or information charging the defendant and that those additional facts are legally sufficient to excuse the defendant.
The rules that govern pleading in most courts require a defendant to raise all affirmative defences when first responding to the civil claim or criminal charges against him or her. Failure to do so may preclude the assertion of that kind of defence later in the trial.
Examples
- Civil Law Affirmative Defences
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- Contributory Negligence
- Assumption of Risk
- Duress
- Self-Defence
- Necessity
- Criminal Law Affirmative Defences
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- Insanity Defence
- Self-Defence
- Necessity
- Defence of property
A defence raised in a responsive pleading (answer) relating a new matter as a defence to the complaint; affirmative defences might include contributory negligence or estopped in civil actions; in criminal cases, insanity, duress, or self-defence might be used.
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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