Home > Terms > English, UK (UE) > Affirmative defence
Affirmative defence
A claim the defendant would make in his or her answer that attacks the plaintiff's legal right to bring an action, as opposed to attacking the truth of a claim raised in the complaint. The defendant's goal in raising an affirmative defence is to stop the case from moving ahead because it is legally improper. If you don't raise an affirmative defence in your answer for the court to consider, you may lose the opportunity to raise it later in the case.
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- Part of Speech: noun
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- Category: Family law
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