Dictionary of Law
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affirmative defense :: legal definition


Affirmative defense - n. part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his/her own charges, which are called "affirmative defenses." These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the "boilerplate" (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.

See also: defense and Related Law Terms ↓


Related Law Terms

admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien