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Text of the page (random words):
affirmative defense wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 description toggle description subsection 1 1 the insanity plea 1 2 burden of proof 1 3 governing rules 1 4 affirmative vs negating defense 1 5 fair use 2 examples 3 see also 4 references toggle the table of contents affirmative defense 3 languages română 閩南語 bân lâm gí 中文 edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia category of defense strategies that allege mitigating circumstances to achieve acquittal the examples and perspectives in this article deal primarily with the united states and do not represent a worldwide view of the subject you may improve this article discuss the issue on the talk page or create a new article as appropriate june 2013 learn how and when to remove this message criminal law elements actus reus mens rea causation concurrence scope of criminal liability accessory accomplice complicity corporate principal vicarious severity of offense felony or indictable offense misdemeanor or summary offense infraction also called violation inchoate offenses attempt conspiracy incitement solicitation offenses against the person homicide murder manslaughter corporate manslaughter attempted murder negligent homicide assault battery mayhem mutilation torture kidnapping false imprisonment human trafficking stalking harassment intimidation domestic violence hate crime sexual moral offences rape sexual assault child sexual abuse sex trafficking sexual slavery cybersex trafficking sexual harassment fornication adultery bigamy incest indecent exposure voyeurism obscenity groping offences against property theft larceny robbery bank robbery burglary home invasion arson embezzlement extortion blackmail fraud false pretenses forgery intellectual property infringement uttering possessing stolen property shoplifting vandalism mischief cybercrime offences against public justice perjury perverting the course of justice contempt of court bribery malfeasance in office misprision of felony compounding a felony offences against public order state treason sedition espionage subversion lèse majesté apostasy genocide war crimes piracy political corruption insider trading smuggling arms trafficking people smuggling drug offences offences against animals cruelty to animals poaching wildlife smuggling bestiality defences to liability actual innocence self defense defense of others defense of property necessity duress insanity diminished responsibility automatism intoxication mistake of fact mistake of law ignorantia juris non excusat infancy entrapment provocation consent statute of limitations amnesty pardon portals law v t e an affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which if proven by the defendant defeats or mitigates the legal consequences of the defendant s otherwise unlawful conduct in civil lawsuits affirmative defenses include the statute of limitations the statute of frauds waiver and other affirmative defenses such as in the united states those listed in rule 8 c of the federal rules of civil procedure in criminal prosecutions examples of affirmative defenses are self defense 1 insanity 2 entrapment 3 and the statute of limitations description edit in an affirmative defense the defendant may concede that they committed the alleged acts but they prove other facts which under the law either justify or excuse their otherwise wrongful actions or otherwise overcomes the plaintiff s claim in criminal law an affirmative defense is sometimes called a justification or excuse defense 4 consequently affirmative defenses limit or excuse a defendant s criminal culpability or civil liability 5 a clear illustration of an affirmative defense is self defense 1 in its simplest form a criminal defendant may be exonerated if he can demonstrate that he had an honest and reasonable belief that another s use of force was unlawful and that the defendant s conduct was necessary to protect himself or someone else 6 most affirmative defenses must be pleaded in a timely manner by a defendant in order for the court to consider them or else they are considered waived by the defendant s failure to assert them the classic unwaivable affirmative defense is lack of subject matter jurisdiction 7 the issue of timely assertion is often the subject of contentious litigation citation needed the insanity plea edit among the most controversial affirmative defenses is the insanity defense 8 whereby a criminal defendant seeks to be excused from criminal liability on the ground that a mental illness at the time of the alleged crime prevented him or her from understanding the wrongful nature of his or her actions burden of proof edit because an affirmative defense requires an assertion of facts beyond those claimed by the plaintiff generally the party who offers an affirmative defense bears the burden of proof 9 the standard of proof is typically lower than beyond a reasonable doubt it can either be proved by clear and convincing evidence or by a preponderance of the evidence in this respect affirmative defenses differ from ordinary defenses claim of right alibi infancy necessity and self defense which is an affirmative defense at common law in which the prosecution has the burden of disproving beyond a reasonable doubt governing rules edit rule 8 of the federal rules of civil procedure governs the assertion of affirmative defenses in civil cases that are filed in the united states district courts rule 8 c specifically enumerates the following defenses accord and satisfaction arbitration and award assumption of risk contributory negligence discharge in bankruptcy estoppel failure of consideration fraud illegality injury by fellow servant laches license payment release res judicata statute of frauds statute of limitations waiver and any other matter constituting an avoidance or affirmative defense rule 11 of the federal rules of civil procedure requires that affirmative defenses be based on knowledge information and belief formed after an inquiry reasonable under the circumstances and cannot consist of a laundry list of all known affirmative defenses citation needed affirmative vs negating defense edit an affirmative defense is different from a negating defense a negating defense is one which tends to disprove an element of the plaintiff s or prosecutor s case an example might be a mistake of fact claim in a prosecution for intentional drug possession where the defendant asserts that he or she mistakenly believed that the object possessed was an innocent substance because this defense simply shows that an element of the offense knowledge of the nature of the substance is not present the defendant does not have any burden of persuasion with regard to a negating defense at most the defendant has the burden of producing sufficient evidence to raise the issue 10 fair use edit in campbell v acuff rose music inc 11 the united states supreme court held that fair use was an affirmative defense to copyright infringement this means that in litigation on copyright infringement the defendant bears the burden of raising and proving that the use was fair and not an infringement however fair use is not always an affirmative defense the burden of persuasion may instead fall to the copyright owner in digital millennium copyright act dmca infringement actions in a case challenging a takedown notice issued under the dmca the ninth circuit held in lenz v universal music corp that the submitter of a dmca takedown request who would then be the plaintiff in any subsequent litigation has the burden to consider fair use prior to submitting the takedown request even if as universal urges fair use is classified as an affirmative defense we hold for the purposes of the dmca fair use is uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses we conclude that because 17 u s c 107 created a type of non infringing use fair use is authorized by the law and a copyright holder must consider the existence of fair use before sending a takedown notification under 512 c 12 examples edit civil law accord and satisfaction assumption of risk when the plaintiff knowingly entered into a dangerous situation authority consent defense of property estoppel contract specification contractual provision when the defendant s liability for causing the plaintiff s injuries had been waived in the contract however these provisions are typically unconscionable in many situations contributory negligence when the plaintiff s actions contributed to his own injury fair use laches similar to statute of limitation legal release repossession statute of frauds statute of limitations too much time has elapsed between the tort and the complaint waiver criminal law insanity defense necessity duress self defense truth public interest see also edit reverse onus entrapment references edit 1 2 neubauer david w 2005 america s courts and the criminal justice system wadsworth p 320 isbn 0 534 62892 3 insanity defense lii legal information institute retrieved october 25 2021 entrapment wex cornell law school retrieved october 25 2021 brody david c james r acker wayne a logan 2001 criminal law aspen p 241 isbn 0 8342 1083 5 affirmative defense wex cornell law school retrieved june 20 2017 mcl 780 972 state of michigan legislative services bureau retrieved february 10 2012 wright charles a miller arthur r 1983 federal practice and procedure thomson west pp 863 864 isbn 0314261486 neubauer david w 2005 america s courts and the criminal justice system wadsworth p 321 isbn 0 534 62892 3 oran daniel mark tosti 2000 oran s dictionary of the law delmar p 20 isbn 0 7668 1742 3 state v walkup 220 s w 3d 748 mo banc 2007 google scholar retrieved june 20 2017 i t is a negative or negating defense because the defendant has no burden to present evidence or to persuade campbell v acuff rose music inc 510 u s 569 1994 lenz v universal music corp 801 f 3d 1126 9th cir 2015 retrieved from https en wikipedia org w index php title affirmative_defense oldid 1361929740 categories civil law common law defense legal hidden categories articles with short description short description is different from wikidata use american english from march 2021 all wikipedia articles written in american english use mdy dates from march 2021 articles with limited geographic scope from june 2013 united states centric all articles with unsourced statements articles with unsourced statements from november 2011 articles with unsourced statements from august 2019 this page was last edited on 30 june 2026 at 22 20 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia legal safety contacts code of conduct developers statistics cookie statement mobile view search search toggle the table of contents affirmative defense 3 languages add topic