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affirmative defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, and the statute of limitations.
==Description==
In an affirmative defense, the defendant may concede that he committed the alleged acts, but he proves other facts which, under the law, either justify or excuse his otherwise wrongful actions, or otherwise overcome the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. Consequently, affirmative defenses limit or excuse a defendant's criminal culpability or civil liability.
A clear illustration of an affirmative defense is self defense.〔 In its simplest form, a criminal defendant may be exonerated if he can demonstrate that he had an ''honest'' and ''reasonable'' belief that another's use of force was unlawful and that the defendant's conduct was necessary to protect himself.〔(【引用サイトリンク】url=http://legislature.mi.gov/doc.aspx?mcl-780-972 )〕
Most affirmative defenses must be pled in a timely manner by a defendant in order for the court to consider them, or else they are considered waived by the defendant's failure to assert them. The classic unwaivable affirmative defense is lack of subject-matter jurisdiction. The issue of timely assertion is often the subject of contentious litigation.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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