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Because an affirmative defense requires an assertion of facts beyond those claimed by the plaintiff, generally the party who offers an affirmative defense bears the burden of proof. The standard of proof is typically lower than beyond a reasonable doubt.

Examples Civil law. and satisfaction. assumption of risk (when the plaintiff knowingly entered into a dangerous situation) authority. consent. defense of property. estoppel. contract specification. ... Criminal law. insanity defense. necessity. duress. self defense. truth. public interest.

If you want the judge to consider your legal defenses, you must include them in the form you file to respond to the lawsuit (your Answer). Include any possible defense you want the judge to consider in your Answer. You can focus on one, once you've collected more evidence while preparing for your trial.

In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense.

I direct that I be given health care treatment to relieve pain or provide comfort even if such treatment might shorten my life, suppress my appetite or my breathing, or be habit forming. 2. I direct that all life prolonging procedures be withheld or withdrawn.

Advance directives are legal documents that provide instructions for medical care and only go into effect if you cannot communicate your own wishes. The two most common advance directives for health care are the living will and the durable power of attorney for health care.