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affirmative defense |
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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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The decisions articulated that where
harassment has occurred but no tangible action has been taken, an
employer could assert an affirmative defense to liability if it has
exercised reason-able care to prevent and correct the sexually harassing
behavior. The keys to proving Saddam guilty are: first, proving that the
crimes occurred, a nearly indisputable fact for which substantial
evidence has been admitted; second, proving that the defendants were
tied to and responsible for the crimes, and finally addressing the
defendants' affirmative defense that their actions were justified. The lower federal court dismissed the lawsuit holding that the
employer took no adverse tangible employment action against her given
that she resigned, enabling the PSP to defend itself under the
Ellerth-Faragher affirmative defense. |
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