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affirmative defense

An affirmative defense is a defense  in which the defendant  introduces evidence , which, if found to be credible, will negate criminal  liability  or civil liability , even if it is proven that the defendant committed the alleged acts. The party raising the affirmative defense has the burden of proof on establishing that it applies. Raising an affirmative defense does not prevent a party from also raising other defenses. 

Self-defense , entrapment , insanity , necessity , and respondeat superior  are some examples of affirmative defenses.

Under the Federal Rules of Civil Procedure  Rule 56 , any party may make a motion  for summary judgment  on an affirmative defense.

There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. For example, in Florida self-defense is an affirmative defense, but in Ohio , it is not. 

[Last reviewed in June of 2022 by the Wex Definitions Team
]

Keywords

• criminal law

• CIVIL LAW

• defense

• AFFIRMATIVE DEFENSE

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