Affirmative defense - sustany/dvg GitHub Wiki

An affirmative defense is a�defense�in which the�defendant�introduces�evidence, which, if found to be credible, will negate�criminal�liability�or�civil liability, even if it is proven that the defendant committed the alleged acts. The party raising the affirmative defense has the burden of proof on establishing that it applies. Raising an affirmative defense does not prevent a party from also raising other defenses.�

Self-defense,�entrapment,�insanity,�necessity, and�respondeat superior�are some examples of affirmative defenses.

Under the�Federal Rules of Civil Procedure�Rule 56, any party may make a�motion�for�summary judgment�on an affirmative defense.

There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. For example, in Florida self-defense is an affirmative defense but in Ohio, it is not.�