In law, an affirmative defense is a complete or partial defense to a civil or criminal claim based on facts other than those alleged by the plaintiff or prosecutor. An affirmative defense alleges facts that, if proven by the defendant, would defeat or reduce a claim even if the allegations alleged in the claim are all proven. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, and waiver. In criminal prosecutions, examples affirmative defenses include self defense, insanity, and the statute of limitations.
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Famous quotes containing the words affirmative and/or defense:
“I would say that deconstruction is affirmation rather than questioning, in a sense which is not positive: I would distinguish between the positive, or positions, and affirmations. I think that deconstruction is affirmative rather than questioning: this affirmation goes through some radical questioning, but it is not questioning in the field of analysis.”
—Jacques Derrida (b. 1930)
“Our reliance is in the love of liberty which God has planted in our bosoms. Our defense is in the preservation of the spirit which prizes liberty as the heritage of all men, in all lands, every where.”
—Abraham Lincoln (1809–1865)