Asked by Rojita Malla on May 10, 2024
Verified
A defendant uses a[n] ________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.
A) Secondary answer
B) Pleading defense
C) Affirmative defense
D) Formal answer
E) Personam answer
Affirmative Defense
A response to a plaintiff's claim which, if proven, diminishes or eliminates liability.
- Identify the varieties of counterarguments and defences utilized in judicial processes.
Verified Answer
NT
Naturally TootieMay 16, 2024
Final Answer :
C
Explanation :
An affirmative defense is used by a defendant in a legal proceeding to present additional facts that, if true, will defeat the plaintiff's claim, even if all the allegations in the complaint are accepted as true. This type of defense justifies the defendant's actions and argues that, due to these justifications, the defendant should not be held liable.
Learning Objectives
- Identify the varieties of counterarguments and defences utilized in judicial processes.