5.10 Affirmative Defenses

• Category: Federal - Jury Instructions - 7th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-7THCIR-5-10
• Format: Word

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 5.10 Affirmative Defenses are legal defenses used by a defendant in response to a plaintiff’s allegations. With this defense, the defendant does not deny the allegations, but instead claims that even if the allegations were true, they are not legally liable. Affirmative defenses allow the defendant to shift the burden of proof to the plaintiff, who must then disprove the defense. Types of 5.10 Affirmative Defenses include: • Statute of Limitations: The defendant claims that the plaintiff’s claim is barred by the statute of limitations, meaning that the plaintiff waited too long to bring the lawsuit. • Duress: The defendant claims that they only acted in the way they did because they were forced to do so by someone else. • Self-Defense: The defendant claims that their actions were necessary in order to protect themselves or someone else from harm. • Consent: The defendant claims that the plaintiff consented to the actions in question. • Entrapment: The defendant claims that they were entrapped by law enforcement into committing the alleged crime. • Insanity: The defendant claims that they were legally insane at the time of the alleged offense.

5.10 Affirmative Defenses are legal defenses used by a defendant in response to a plaintiff’s allegations. With this defense, the defendant does not deny the allegations, but instead claims that even if the allegations were true, they are not legally liable. Affirmative defenses allow the defendant to shift the burden of proof to the plaintiff, who must then disprove the defense. Types of 5.10 Affirmative Defenses include: • Statute of Limitations: The defendant claims that the plaintiff’s claim is barred by the statute of limitations, meaning that the plaintiff waited too long to bring the lawsuit. • Duress: The defendant claims that they only acted in the way they did because they were forced to do so by someone else. • Self-Defense: The defendant claims that their actions were necessary in order to protect themselves or someone else from harm. • Consent: The defendant claims that the plaintiff consented to the actions in question. • Entrapment: The defendant claims that they were entrapped by law enforcement into committing the alleged crime. • Insanity: The defendant claims that they were legally insane at the time of the alleged offense.