Affirmative Defense

A defense in a civil or criminal case where the defendant introduces new evidence that, if true, will defeat the plaintiff’s or prosecution’s claim, even if all the allegations in the complaint are true.

Example: In a breach of contract lawsuit, the defendant might admit to breaking the contract but raise the affirmative defense of the ‘statute of limitations,’ arguing the plaintiff waited too long to sue.

Common misconception: An affirmative defense denies that the plaintiff’s events happened. It actually admits the events happened but provides a legal justification or excuse that absolves the defendant of liability.