Definition
A defense strategy that essentially says "yes, I did it, but here's why I shouldn't be held liable." It's admitting the facts while introducing new ones that excuse or justify the behavior, like claiming self-defense in an assault case.
Example Usage
The defendant raised the affirmative defense of duress, claiming she only committed fraud because her boss threatened her family.
Origin
Codified in modern civil procedure rules in the 20th century, though the concept existed in common law much earlier
Fun Fact
If you raise an affirmative defense, the burden of proof typically shifts to you—the defendant—to prove those new facts, unlike normal criminal cases where the prosecution must prove everything.
Related Terms
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See “affirmative defense” in Corporate Speak, Gen-Z Slang, Pirate Speak, and more.
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