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affirmative defense

   Also found in: Legal, Wikipedia 0.01 sec.
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 Medical malpractice.


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Alternatively, the defendant may directly answer the complaint with direct responses to what plaintiff has alleged and further, stating affirmative defenses (like, for instance, someone else, or even plaintiff, was responsible for the harm alleged, or too much time has passed since the occurrence in violation of the statute of limitations), The plaintiff, or course, may then reply to the affirmative defenses stated by the defendant.
Accordingly, as a matter of the plain language of the statute, the court ruled that the "reasonableness" exception should be treated as an "affirmative defense" because it is listed in the statute in a place where one would expect to find affirmative defenses, and because it sits right after another affirmative defense which, as all parties had already accepted, the defendant has the burden to prove.
Designed to complement other civil case books by discussing many of the principal cases for those books by discussing many of the principal cases for those books, the new title includes 60 chapters, including: an overview of claims and affirmative defenses, In Rem and Quast In Rem jurisdiction, venues; removal; pre-suit investigations; complaints; authority to join parties; steps for adding claims or parties; motions; and, defendant options, among many other topics.
 
 
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