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What else can I help you with?
What is the remedy for a retaliatory eviction?
If you believe the eviction was retaliatory, then you must state that as an affirmative defense in your answer to the landlord's complaint for eviction. Since the laws can get quite complicated, I recommend you check with a tenant's rights group in your area for an attorney referral or look in the phone book for attorneys who give "free consultations."
7 Who has the burden of proof with an affirmative defense?
The burden of proof for an affirmative defense is the responsibility of the defense.
Is an alibi considered an affirmative defense in legal cases?
Yes, an alibi is considered an affirmative defense in legal cases.
Is denial a form of affirmative defense?
no
How do you affirmative as a sentence?
Are you sure captain? "affirmative" , said the captain.
Is failure to state a claim considered an affirmative defense in legal proceedings?
No, failure to state a claim is not considered an affirmative defense in legal proceedings.
Is fair use a defense to copyright infringement?
Yes. Fair use is known as an affirmative defense, which basically means you're saying "yes, I did do that, but..." Insanity is also an affirmative defense.
Is release of tortfeasor an affirmative defense?
YES
When filing a motion to dismiss can you assert an affirmative defense?
The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.
Is duress considered an affirmative defense in legal cases?
Yes, duress is considered an affirmative defense in legal cases. This defense argues that the defendant committed the crime under extreme pressure or threat of harm, which influenced their actions.
What is the difference between a defense and an affirmative defense in a legal context?
In a legal context, a defense is a response to a claim made by the opposing party, while an affirmative defense is a new fact or set of facts that, if proven, can defeat the plaintiff's claim, even if the claim is true.
What is the difference between an affirmative defense and a defense in legal proceedings?
An affirmative defense is when the defendant presents new evidence to counter the plaintiff's claims, while a defense in legal proceedings is a general denial or rebuttal of the plaintiff's claims without presenting new evidence.
