A defense raised, usually in criminal cases, which absolves the defendant from liability but which usually must be proven by the defendant to be used. These include self-defense, mistake of fact, insanity, and that the court lacks subject matter jurisdiction. The standard of proof in asserting an affirmative defense is usually less than beyond reasonable doubt and frequently by clear and convincing evidence or a preponderance of the evidence.
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Law Dictionary » A » AFFIRMATIVE DEFENSE