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Understanding Affirmative Defense

Affirmative defense refers to a plea raised by a defendant in a legal proceeding, in which the defendant admits to the allegations made by the plaintiff or prosecutor of a civil or criminal case to obtain vindication to justify or excuse their conduct. Unlike denying the prosecutor’s or plaintiff's allegations with a negating defense, an affirmative defense seeks to provide evidence through a “motion” or “summary judgment” that explains why the defendant should not be held criminally liable or civilly liable for the plaintiff's, state’s, or federal’s claims.

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