Sentences with phrase «affirmative defense»
An "affirmative defense" refers to a legal argument a person or party uses to defend themselves in a lawsuit. It asserts that even if the allegations made by the opposing side are true, there are circumstances that should prevent them from being held liable. In simple terms, it's like saying, "Yes, what they say is true, but there is a valid reason why I shouldn't be held responsible for it." Full definition
Seems like it would be a pretty simple affirmative defense if this were true.
money.stackexchange.com
It also helps to establish crucial affirmative defense by demonstrating due diligence in the event a situation goes sideways.
You can not just deny everything and tack on a laundry list of every conceivable affirmative defense.
First born filed Affirmative Defense.
Obtained order for inspection of corporate records and attorneys» fees after persuading Superior Court to dismiss various counterclaims and to strike a fraud - based affirmative defense
In Alaska, for instance, the fact that you gambled is still a crime, but if you can show that it was merely social gambling, you have an affirmative defense.
(it is not an affirmative defense).
«[T] he ministerial exception or the church autonomy doctrine, grounded in the religion clause of the First Amendment, «operates as an affirmative defense to an otherwise cognizable claim, not a jurisdictional bar,»» the Oklahoma Supreme Court justices decided [emphasis theirs].
Nominative use, i.e., descriptor use; is therefore not an affirmative defense where the confusingly similar use of our trademark is not necessary for identification of competitor ingredients or products.
DerOhannesian directed my attention to P. 36 of the report, which states that Paterson had the opportunity to employ a so - called «affirmative defense» to perjury and failed to do so.
MSPB specifically does not have any authority in the absence of an affirmative defense.
MSPB only has authority if a dismissed employee has affirmative defense.
«Our affirmative defense is include among other things that the executive sessions were entered into illegally,» said Dennis Vacco, Paladino's attorney.
«Mr. Paladino has raised the affirmative defense that he is the victim of a conspiracy to retaliate against him for his constitutionally protected speech.
The person may dispute the determination as an affirmative defense to the administrative complaint by including with his or her request for hearing on the administrative complaint a written statement setting forth the facts and circumstances that show that the determination of ineligibility was erroneous.
In Alabama, contributory negligence is an affirmative defense to a liability claim against you.
So with regard to the Equifax hack and the sale of shares by three executives, we've read that: Filing a 10b5 - 1 plan and selling shares on a set schedule is an affirmative defense against insider...
After Earthjustice got that policy thrown out in 2008, the EPA tried to create this new «affirmative defense» version of it.
The court's ruling in this case is especially significant because by revoking the «affirmative defense» policy that lets plants dodge liability for exceeding emissions limits, this decision sets a precedent for how the EPA drafts air safeguards moving forward.
Hemp Production; Citing this act as the «Hemp Industry Development Act»; providing that hemp is an agricultural crop; providing legislative intent; requiring registration of hemp producers; providing registration requirements; providing exemptions; requiring rulemaking; providing for an affirmative defense to certain charges relating to cannabis; providing exceptions to other laws, etc..
AN ACT relating to food and drugs; authorizing industrial hemp farming as specified; providing for hemp farming for research purposes; providing licensure requirements; providing rulemaking authority; providing an affirmative defense for marihuana prosecutions as specified; and providing for an effective date.
Hemp Production; Designates act «Hemp Industry Development Act»; provides that hemp is agricultural crop; requires registration of hemp producers; provides exemptions; requires rulemaking; provides for affirmative defense to certain charges relating to cannabis; provides exceptions to other laws.
Hemp Production; Citing this act as the «Hemp Industry Development Act»; specifying that hemp is an agricultural crop; requiring the registration of hemp growers; providing registration requirements; allowing the department to assess registration fees; providing exemptions; providing for an affirmative defense to certain charges relating to cannabis; providing exceptions to other laws, etc..
If you were to be issued a ticket in such circumstances, you would likely be able to bring up an affirmative defense that it was not possible for you to stop safely in the circumstances, an action most likely required by the statutes.
In a South Florida personal injury case, either party may be inclined to retain an expert to offer their opinion on an element of the plaintiff's claim or an affirmative defense offered by the defendant.
This is called an «affirmative defense,» wherein a lawyer will try to prove that their defendant was forced into the crime, either through duress or the threat of bodily injury (entrapment).
A defendant can also claim either «voluntary» or «involuntary» intoxication as an affirmative defense, which will often lessen the charge.
Since 1998, the Washington State Medical Use of Marijuana Act has provided an affirmative defense against criminal prosecution of physicians for prescribing medical marijuana and of qualified patients for their medical use of marijuana.
It did prevail eventually, but the trial judge concluded no fee recovery was allowable because the assertion of an affirmative defense did not fall within the definition of the option agreement fees clause allowing recovery when «an action» or «a proceeding» was brought.
The statute is an affirmative defense, so a former employee must first demonstrate the basic elements of a defamation case, i.e., a false and defamatory statement about another.
Lindsey works on a personal level with her clients to understand their specific needs, to provide alternatives to litigation, but also to provide an affirmative defense of her client's interests, including preparation and execution of a comprehensive litigation strategy, where conflict resolution requires judicial intervention.
The defense raised an affirmative defense of novation based on the option agreement, a defense that was successful.
The essential step in developing a litigation strategy is to understand the element of each claim and each affirmative defense.
In many legal conflicts the fact that a defendant acted on the advice of competent legal counsel is considered an affirmative defense, or at least a mitigating factor.
720 ILCS 11 - 20.1 (b)(1) states that an affirmative defense may be asserted if a defendant «reasonably believed, under all of the circumstances, that the child was 18 years of age or older... prior to the act or acts giving rise to [the] prosecution... he or she took some affirmative action or made a bona fide inquiry designed to ascertain whether the child was 18 years of age or older... and his or her reliance upon the information so obtained was clearly reasonable.»
If not handled properly, an affirmative defense could be the end of a personal injury claim.
State law provides an affirmative defense — meaning that a person charged with possession, distribution, or creation of child pornography would have to admit to the allegations against them, with the caveat that they did not know — and could not have reasonably known — that the individual in the pornographic material was under the age of 18.