affirmative pleading

Thân thiện

A lawyer presents an affirmative pleading to the judge.

Definition

1. Noun:
   • A type of defensive pleading in law: "Affirmative pleading" is a legal term for a defendant's formal written statement that not only responds to the plaintiff's allegations but also introduces new facts or arguments that constitute a separate defense. It goes beyond a simple denial by "affirming" additional material facts.

Usage

• In legal procedure, an "affirmative pleading" is a critical step where a defendant must assert certain defenses, such as claiming the statute of limitations has expired or that the plaintiff assumed the risk.
• The purpose of an "affirmative pleading" is to shift the burden of proof to the defendant regarding the newly asserted facts.

Examples

• Noun:
  • The defendant's lawyer filed an affirmative pleading, arguing contributory negligence.
  • An affirmative pleading is required for defenses like duress or fraud.

Advanced Usage

• "To raise an affirmative defense": This is the action associated with filing an "affirmative pleading." It means to formally introduce a defense that, if proven, defeats the plaintiff's claim even if their allegations are true.
  • The defense decided to raise an affirmative defense of entrapment.

Variants and Related Words

• Affirmative defense (n): The specific legal defense (e.g., self-defense, laches) that is asserted within an affirmative pleading.
  • Claiming the contract was signed under coercion is an affirmative defense.

Synonyms

• Assertive pleading (less common)
• Positive pleading (less common)

Related Phrases

• Plead affirmatively: The act of submitting an affirmative pleading.
  • The attorney advised her client to plead affirmatively by claiming immunity.

Học thuật

Noun

1. any defensive pleading that affirms facts rather than merely denying the facts alleged by the plaintiff