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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.

31 Affirmative Defenses And How To Assert Them.

Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration,

These defenses include formation problems, lack of capacity, illegality of subject matter, impossibility, duress, unconscionability, undue influence, violation of the Statute of Frauds requirement that certain types of contracts must be in writing to be enforceable against the defendant, exceeding the statute of

While the availability of an affirmative defense will depend on the state, there are generally two categories of affirmative defenses, justifications and excuses.

A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true. A plaintiff sets forth a claim in a civil action by making statements in the document called the complaint. An affirmative defense is also allowed under rules of CRIMINAL PROCEDURE.

Affirmative Defenses

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