JD Next Practice Exam

Affirmative defenses are specific arguments raised by a defendant in civil litigation that acknowledge the plaintiff's claims but assert reasons why the defendant should not be held liable for the alleged wrongdoing. The essence of an affirmative defense is that it goes beyond merely denying the allegations; instead, it provides a justification or rationale that, if proven, can absolve the defendant of liability, even if the allegations made by the plaintiff are true.

For example, in a tort case, a defendant might argue that they were acting in self-defense or that the plaintiff consented to the actions taken. This approach shifts the focus from whether the defendant committed the alleged act to whether there are legal justifications for that act, which can potentially lead to a judgment in favor of the defendant.

Understanding this concept is crucial for navigating civil litigation because it not only affects the strategy used in defending against a lawsuit but can also influence negotiations and settlements between the parties involved.