Intro to Paralegal Studies Practice

What defines an affirmative defense?

1. A defense based on a lack of evidence

2. A defense where the defendant admits to the act

3. A defense that introduces new evidence to avoid judgment

4. A defense that contests the jurisdiction of the court

The correct answer is: A defense that introduces new evidence to avoid judgment

An affirmative defense is characterized by a strategy in which the defendant acknowledges that they committed the act in question but provides additional information to justify or excuse their behavior, thereby avoiding liability. This can indeed involve the presentation of new evidence or legal arguments that, although the act occurred, can mitigate the blame or reduce the severity of the consequences. When discussing affirmative defenses, it’s important to note that they typically do not focus solely on denying the act. Instead, they involve a full admission of the act while offering a legal justification ("I did it but..."). For instance, a defendant might claim self-defense in a battery charge, accepting that they caused harm but asserting it was necessary for their protection. Other options do not fit the definition of an affirmative defense. A defense based on a lack of evidence implies a denial of responsibility without offering justification for the act, which is a different defensive strategy. Contesting the jurisdiction of the court doesn’t address the act itself but rather questions the court's authority to hear the case, and admitting to the act without further context does not provide a defense; it instead concedes liability. Therefore, the nature of an affirmative defense particularly lies in its proactive stance to mitigate consequences through new evidence or justification, which aligns with