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People also ask
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What does answer and affirmative defenses mean?
When a defendant in a civil lawsuit files a response, usually called an "answer," the answer will state the defendant's denials of the claims made. In addition, the defendant may state affirmative defenses that excuse or justify the behavior on which the lawsuit is based.
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What does defendant answer mean?
Mostly, an answer includes the defendant's counterclaims (allegations or claims against the plaintiff) and/or affirmative defenses (legal defenses that can defeat the plaintiff's claim). [Last updated in June of 2022 by the Wex Definitions Team] THE LEGAL PROCESS.
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What does it mean when a defendant is held to answer?
At the end of the hearing, the judge decides if there's enough proof for the case to go to trial. If the judge decides there is enough proof, the defendant is "held to answer."
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What is an example of affirmative relief?
This means that the relief sought is something that the party wants the court to order the other party to do or not do. If a person is being harassed by their neighbor, they may seek affirmative relief in the form of a restraining order that would require the neighbor to stay away from them.
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Why is it called affirmative defense?
The word “affirmative” refers to the requirement that the defendant prove the defense, as opposed to negating the prosecution's evidence of an element of the crime. An affirmative defense operates to prevent conviction even when the prosecutor has proof beyond a reasonable doubt as to every element of the crime.
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What does it mean to file an answer?
Filing an Answer to the Complaint forces the other side to prove their case with evidence. You may also be called upon to provide evidence about what happened or defenses you claim. There are other possible types of responses that may be more appropriate in your case.
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What is the difference between affirmative defense and regular defense?
Regular defenses are where you argue you didn't do the act or simply make the prosecution prove the case. Affirmative defenses are where you admit to performing the act, but for some reason you were permitted to do so.
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What does an answer mean in a court case?
An answer is a reply to a question or a solution to a problem. In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
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