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affirmative defense |
Also found in: Legal, Wikipedia | 0.28 sec. |
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affirmative defense [əfur′mətiv] Etymology: L, affirmare, to make firm (in law) a denial of guilt or wrongdoing based on new evidence rather than on simple denial of a charge, as a plea of immunity according to Good Samaritan legislation. The defendant bears the burden of proof in an affirmative defense. affirmative defense Medical liability A defense used by a physician in a lawsuit that is based on adherence to the local standards of care–which may be established by Ob/Gyns, emergency room specialists, and anesthesiologists. Cf
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| ? Mentioned in | ? References in periodicals archive | |
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Once a taxpayer is properly before the Tax
Court, it may consider all affirmative defenses. Implementing legal awareness training programs has become even more
important in light of several recent Supreme Court decisions which
address the issue of affirmative defenses and punitive damages in the
sexual harassment context. The
first request challenges the administrative law judge's order
striking certain affirmative defenses advanced by Respondents. |
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