
	Where results make sense

Topic: Affirmative defense

Related Topics

Criminal procedure

Cause of action

Insanity defense

Procedural law

Criminal law

Law

Lawsuit

Civil procedure

Contract

Civil law

McNaghten rules

Legal technicality

UCLA

Smedley Butler

Yorktown, Virginia

In the News (Fri 17 Feb 12)

EXECUTIVE POWER

Iran

ANALYSIS

Pakistan

Family compact

	Colorado Criminal Affirmative Defenses - Colorado Springs Gustafson Law Office
		Voluntary or self-induced Intoxication is an affirmative defense to certain crimes or their lesser included offenses - that, at the time of the alleged offense(s), lacked the capacity to conform his conduct to the requirements of the law because of intoxication that was not self-induced.
		Intoxication of the accused is not a defense to a criminal charge, except that a person is not criminally responsible for his conduct if intoxication was not self-induced and was intoxicated to a degree that was unable to formulate the requisite specific intent or to act knowingly or recklessly with respect to the circumstance.
		It is an affirmative defense to the crime of perjury in the first degree that the defendant retracted his / her false statement during the same proceeding in which it was made.
	www.gustafsonlaw.com /Criminal-Affirm_Def.htm (4854 words)

	Encyclopedia: Affirmative defense
		Arbitration, in the context of law, is a form of alternative dispute resolution â€” specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution.
		In a criminal trial, the insanity defense are possible defenses by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law, as they were mentally ill or mentally incompetent at the time of their allegedly criminal actions.
		Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person.
	www.nationmaster.com /encyclopedia/Affirmative-defense (865 words)

	Affirmative defense (Site not responding. Last check: 2007-10-21)
		Affirmative defenses work tolimit or excuse a defendant 's liability even if the plaintiff 's claim is proven, based on facts outside those claimed by the plaintiff.
		An affirmative defense must be timely pleaded by the defendant in order for the court to consider it, or it is waived by thedefendant's failure to assert it.
		Because affirmative defenses require the assertion of facts beyond those claimed by theplaintiff, generally the party pleading an affirmative defense has the burden of proof on that defense.
	www.therfcc.org /affirmative-defense-2619.html (156 words)

	Affirmative Action Works! by Paul Kivel / In Defense of Affirmative Action / In Motion Magazine
		One indication that attacks on affirmative action are part of a white backlash against equality is that affirmative action in the form of preferences that primarily benefit white people are not being questioned.
		Initially, affirmative action was a policy primarily aimed at correcting institutional discrimination where decisions, policies and procedures that are not necessarily explicitly discriminatory have had a negative impact on people of color.
		Affirmative action policies address and redress systematic economic and political discrimination against any group of people that are underrepresented or have a history of being discriminated against in particular institutions.
	www.inmotionmagazine.com /pkivel.html (3088 words)

	Affirmative defense Article, Affirmativedefense Information (Site not responding. Last check: 2007-10-21)
		For example: arbitration and award is an affirmative defense asserting that the action's subject matter has previously beensettled in arbitration.
		An affirmative defense must be timely pleaded by the defendant in order for the court to consider it, or else it is consideredwaived by the defendant's failure to assert it.
		Because affirmative defenses require the assertion of facts beyond those claimedby the plaintiff, generally the party pleading an affirmative defense has the burden of proof on that defense.
	www.anoca.org /plaintiff/defendant/affirmative_defense.html (276 words)

	Converted file nhv
		Defendant is NOT raising contributory negligence”; as an affirmative defense.
		Further, we have stated, “[t]he determination of whether a defense is affirmative depends upon whether it controverts an element of the plaintiff’s prima facie case or raises matter outside the scope of the prima facie case.” Molargik, 605 N.E.2d at 1199 (quoting FMC Corp. v.
		Because Westerfield did not include the affirmative defense of sudden emergency in his responsive pleadings – either originally or by subsequent amendment, we conclude that the trial court abused its discretion by allowing the instruction on sudden emergency.
	www.state.in.us /judiciary/opinions/archive/02250401.nhv.html (3086 words)

	Los Angeles Lawyer - Affirmative Defense
		Affirmative defenses work to limit or excuse a defendant's liability even if the plaintiff's claim is proven, based on facts outside those claimed by the plaintiff.
		An affirmative defense must be timely pleaded by the defendant in order for the court to consider it, or else it is considered waived by the defendant's failure to assert it.
		Because affirmative defenses require the assertion of facts beyond those claimed by the plaintiff, generally the party pleading an affirmative defense has the burden of proof on that defense.
	www.danataschner.com /affirmative_defense.html (258 words)

	Michael CATLETT v. STATE of Arkansas
		An affirmative defense is a general defense which bars conviction even if all the elements of the offense are proven beyond a reasonable doubt.
		Lack of capacity is an "excuse" defense in which the defendant does not deny that his conduct was wrong, but argues that he is excused from that wrongful conduct because he lacked the capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.
		In asserting the affirmative defense, appellant contended that he lacked the ability to control his conduct to the extent that he should not be held accountable for it.
	courts.state.ar.us /opinions/old/CR95-10A.html (1397 words)

	Bath Petroleum Storage, Inc. and EIL Petroleum, Inc. - Ruling 7
		Respondent’s eleventh affirmative defense asserts that all causes of action must be dismissed as against Respondent Weinberg, because the 2003 Amended Complaint seeks to impose personal liability upon him, and "[s]imilarly situated corporations and entities have not suffered the personal prosecution of officers such as Respondent for similar conduct." Answer, ¶ 67, at 27.
		In the twelfth affirmative defense, Respondent Weinberg claims that all causes of action must be dismissed because the 2003 Amended Complaint seeks to impose personal liability upon him for the acts of the Corporate Respondents, "and/or his actions as an officer or director of said corporations." Answer, at 28, ¶ 70.
		The affirmative defense goes on to state that "[u]pon information and belief, at all relevant times, the Department was aware of the processes in use at Respondent’s facility and minimal, incremental expansion in cavern size due to the normal operation of an underground LPG storage facility." Answer, ¶ 96, at 31.
	www.dec.state.ny.us /website/ohms/decis/bathr7.html (3711 words)

	In Defense of Affirmative Action
		Her facility for handling the contentious debates related to affirmative action comes from years of engaging the reasonable but ill-informed, the shamelessly rude, and undeservedly arrogant opponents.
		Bergmann provides a surprisingly reserved defense, only occasionally resorting to the tone of indignation that her clear support of affirmative action might compel--particularly in the current climate filled with hostility towards affirmative action.
		She simply offers justifications for affirmative action, and examines and responds to opposing arguments.
	teachpol.tcnj.edu /book_reviews/1998/Jackson_M._N._10_98.htm (1437 words)

	GROKLAW
		Second Affirmative Defense: that their claims are barred because IBM has not engaged in any unlawful or unfair business practices, and IBM's conduct was privileged, performed in the exercise of an absolute right, proper and/or justified.
		Fourth Affirmative Defense: that the claims are barred, in whole or in part, by the applicable statutes of limitations.
		Fifth Affirmative Defense: that the claims are barred, in whole or in part, by the economic-loss doctrine or the independent-duty doctrine.
	radio.weblogs.com /0120124/2003/07/17.html (3645 words)

	ipedia.com: Affirmative defense Article (Site not responding. Last check: 2007-10-21)
		Affirmative defenses work to limit or excuse a defendant 's liability even if the plaintiff...
		Examples include contributory negligence (when the plaintiff's actions contributed to his own injury), assumption of risk (when the plaintiff knowingly entered into a dangerous situation), or even a contractual provision that had previously waived the defendant's liability for causing the plaintiff's injuries.
		An affirmative defense must be timely pleaded by the defendant in order for the court to consider it, or it is waived by the defendant's failure to assert it.
	www.ipedia.com /affirmative_defense.html (209 words)

	An Ethical and Practical Defense of Affirmative Action
		Affirmative action is, and should be seen as, a temporary, partial, and perhaps even flawed remedy for past and continuing discrimination against historically marginalized and disenfranchised groups in American society.
		And even if I were to accept the idea that affirmative action arouses spite and scorn from whites, then their "right not to be made angry" (if it is a right at all) is easily trumped by Blacks' right of equal opportunity.
		Since I have narrowed my discussion of Affirmative action to that bestowed to a specific racial group, it is imperative that I give my understanding of what "race" is. I am writing this essay with the understanding that race is not an immutable biological category or characteristic but rather a social construction.
	www.geocities.com /Athens/Ithaca/3638/action.html (2115 words)

	Allen: "In Defense of Affirmative Action. . ." (Site not responding. Last check: 2007-10-21)
		Race-based affirmative action is an essential consciousness-raising pre-conditon for making it possible to assure social reform in the general interest of the lower socio-economic quintiles.
		The same may be said of the sudden espousal of the principle of "racial equality of opportunity," merely for the partisan purpose of opposing it to "racial equality of result." That common argument necessarily rests on the assumption of, or at least conveys the suggestion of, "white" racial superiority.
		Thus the enemies of affirmative action remind us that affirmative action is an integral part of the general cause of civil rights; to retreat on this issue is to unravel the fabric of the hard-won gains of decades of struggle against racial and gender discrimination.
	clogic.eserver.org /1-2/affirmative.html (2288 words)

	Courts Expand the Ellerth/Faragher Affirmative Defense Beyond Sexual Harassment: Newsletters and Articles: Law Firm of ... (Site not responding. Last check: 2007-10-21)
		City of Boca Raton, it set forth an affirmative defense that may be used by an employer to avoid liability for sexual harassment predicated upon a hostile work environment when no adverse employment action has been suffered by the employee.
		This past summer, the court in Williams was faced with the issue of whether the Ellerth/Faragher affirmative defense should apply to claims based upon retaliation for whistle-blowing activities, under the Energy Reorganization Act of 1974 (ERA), where no adverse employment action occurred.
		The Fifth Circuit Court of Appeals affirmed the denial of relief to Williams, but concluded, as a matter of law, that the Ellerth/Faragher affirmative defense is available to employers in connection with claims based upon an alleged hostile work environment in retaliation for whistle-blowing activities under the ERA.
	www.rothgerber.com /newslettersarticles/le0047.asp (763 words)

	Affirmative Defense Not Available in Co-Worker Harassment Case
		On appeal, the employer argued that the Faragher/Ellerth affirmative defense should be available both where the supervisor is the harasser and where the supervisor is not the harasser but fails to report harassment.
		The defense allows an employer to avoid vicarious liability for harassment by a supervisor with authority over the employee if the employer exercised reasonable care to prevent and correct harassment and the employee unreasonably failed to take advantage of corrective measures provided by the employer.
		The appeals court held that the affirmative defense is not available in cases of co-worker harassment, but found that the employer can avoid liability by showing that it took prompt corrective action once it learned of the harassment.
	www.fordharrison.com /fh/news/articles/04232002affirmative.asp (296 words)

	Colorado Springs Domestic Violence Criminal Defense Attorney
		Defense attorneys frequently see the police report phrase: "suspect was cooperative." Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.
		The most common affirmative defenses claimed in domestic violence criminal charges would be self defense, defense of another person, defense of property, choice of evils or alibi.
		is an affirmative defense to criminal charges requiring scienter (specific intent), but generally speaking it is not prudent in a domestic violence case.
	www.gustafsonlaw.com /Criminal-DV-Defense.htm (7261 words)

	SB1313 - 441R - S Ver - Title: DUI; affirmative defense
		It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
		It is an affirmative defense to a charge of a violation of subsection A, paragraph 2 of this section if the person did not have an alcohol concentration of 0.10 or more at the time of driving or of being in actual physical control of a vehicle.
		It is an affirmative defense to a charge of a violation of this section if the person did not have an alcohol concentration of 0.18 or more at the time of driving or of being in actual physical control of a vehicle.
	www.azleg.state.az.us /legtext/44leg/1r/bills/sb1313s.htm (5445 words)

	Hall, Farley, Oberrecht & Blanton, P.A. - In Print - The Employer's Affirmative Defense - The "Devilish" ...
		The second component of the employer's affirmative defense is commonly referred to as the "failure to avail" prong.
		2001) (upholding jury's rejection of affirmative defense where there was evidence that the employer's anti-harassment policy was largely ignored, was never mentioned at management meetings, no seminars were held on sexual harassment, and plaintiff was not informed of policy nor given a copy of it).
		Courts' willingness to disallow the affirmative defense in such cases may even be extended to situations where the employer did not necessarily understand the employee to be complaining of harassment.
	www.hallfarley.com /employaffirmdefense.htm (5266 words)

	USATODAY.com - Va. court upholds death penalty for sniper (Site not responding. Last check: 2007-10-21)
		Defense lawyers also claimed on appeal that prosecutors improperly offered conflicting theories in the trials of Muhammad and Malvo.
		Muhammad's prosecutors portrayed him as a manipulator who molded his then-17-year-old cohort into a killer, the defense attorneys said, while Malvo's prosecutors — seeking to encounter Malvo's insanity defense — described the teenager as a willful, independent thinker who was free of the older man's influence.
		"A successful rebuttal of Malvo's affirmative defense of insanity is not inconsistent with a theory of prosecution that includes Muhammad engaged in training and directing Malvo in their sniper team activity," Lemons wrote.
	www.usatoday.com /news/nation/2005-04-22-sniper-death-penalty_x.htm (637 words)

	SEXUAL HARASSMENT » EMPLOYER LIABILITY » Affirmative Defense
		When no tangible employment action against the employee is involved, the employer may raise an affirmative defense to liability that (a) the employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior, and (b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
		The U.S. Supreme Court recently held that an employer may raise an affirmative defense to a plaintiff's claim that she was constructively discharged as a result of alleged harassment by a supervisor.
		In a clarification of the application of the affirmative defense first made available in the Court's Ellerth and Faragher decisions, the U.S. Supreme Court has ruled that the affirmative defense is available to employers in some, but not all, cases of constructive discharge.
	www.elinfonet.com /fedarticles/21/1/1 (2971 words)

	Affirmative defense -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-21)
		For example: arbitration and award is an affirmative defense asserting that the action's subject matter has previously been settled in ((law) the hearing and determination of a dispute by an impartial referee agreed to by both parties (often used to settle disputes between labor and management)) arbitration.
		Because affirmative defenses require the assertion of facts beyond those claimed by the plaintiff, generally the party pleading an affirmative defense has the (The duty of proving a disputed charge) burden of proof on that defense.
		The burden of proof is typically lower than (Click link for more info and facts about beyond a reasonable doubt) beyond a reasonable doubt.
	www.absoluteastronomy.com /encyclopedia/a/af/affirmative_defense.htm (307 words)

Try your search on: Qwika (all wikis)