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:
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—Abraham Lincoln (1809–1865)
“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)