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What does it mean when a defendant intends to put on an affirmative defense? The defendant will offer a legal excuse that justifies his/her conduct.
While the availability of an affirmative defense will depend on the state, there are generally two categories of affirmative defenses, justifications and excuses.
Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration,
An affirmative defense operates to prevent conviction even when the prosecutor has proof beyond a reasonable doubt as to every element of the crime. Some jurisdictions place the burden on the defendant to prove the defense, while others require that the prosecution disprove the defense beyond a reasonable doubt.
The Answer. The defendant's response to a complaint is called the answer. The answer contains the defendant's version of the events leading to the lawsuit and may be based on the contents of the complaint. The filing of the answer is one option that the defendant has in deciding how to respond to the complaint.