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Affirmative Defenses
Barrister Amna (Alevels Academy Islamabad)
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8/15/2024
A Levels Academy Islamabad
Category
📚
Learning
Transcript
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00:00
When you're walking into court to defend yourself,
00:02
it can sometimes feel like you versus the world.
00:06
But no matter what you anxiously tell yourself in the mirror that morning,
00:09
it's not true.
00:11
As a defendant, you have a variety of approaches
00:13
to take in response to the plaintiff's, the accuser's, claim.
00:17
And LegalYou realizes the more knowledge you have of your choices,
00:21
the better off you're going to be.
00:23
It's like going into battle with an entire arsenal,
00:25
as opposed to, you know, just a slingshot.
00:28
One way to go if you're fighting an accusation
00:31
is to use what's known as an affirmative defense.
00:34
An affirmative defense is when you claim a legal excuse for your actions.
00:38
Basically, it's an explanation for the defendant's conduct
00:41
that makes the accuser's argument irrelevant,
00:44
but an excuse that, of course, you have to prove.
00:48
Now, there are many different types of affirmative defenses
00:50
in all types of cases, literally dozens,
00:54
including ones with names such as fraud in the inducement,
00:57
cardinal change,
00:58
and something called estoppel,
01:00
which sounds more like a European pastry than a legal device.
01:04
But some of the more familiar affirmative defenses in criminal cases
01:07
are things like self-defense or the insanity plea.
01:11
Let's take fraud in the inducement as an example.
01:14
Say you signed a contract and didn't pay,
01:17
but initially you were tricked into signing a contract.
01:20
If you're able to show in court that you were tricked,
01:23
then the signed contract doesn't matter.
01:25
But remember that claiming an affirmative defense
01:27
means that you are required to bring the believable evidence of what you say.
01:32
The lawyers call this having the burden of proof,
01:35
so it's important to use affirmative defenses strategically.
01:39
Getting the right information and doing proper research
01:41
will prepare you for that
01:43
and put you in the best position to defend yourself.
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2:34
|
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