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:
“Whether or not the world would be vastly benefited by a total banishment from it of all intoxicating drinks seems not now an open question. Three-fourths of mankind confess the affirmative with their tongues, and I believe all the rest acknowledge it in their hearts.”
—Abraham Lincoln (1809–1865)
“The cliché organizes life; it expropriates people’s identity; it becomes ruler, defense lawyer, judge, and the law.”
—Václav Havel (b. 1936)