Sentences with phrase «affirmative defense if»

So, you may assert an affirmative defense if (1) you reasonably believed the child to be 18 or older at the time of the act (s), (2) you took steps to make some kind of inquiry or investigation, and (3) your reliance on the inquiry was reasonable.

Seems like it would be a pretty simple affirmative defense if this were true.

Not exact matches

MSPB only has authority if a dismissed employee has affirmative defense.

The defense insists that the government could only be blamed for creating danger for young people if the government had taken «affirmative action» to create that danger, and, they say, the government took no affirmative action.

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.

Assumption of risk was originally an affirmative defense that absolutely insulated a defendant from liability if it was shown that the plaintiff assumed the risk that resulted in injury.

Instead, the affirmative defense of privilege argues that even if the statement was defamatory, the defendant can not be held liable for it because the circumstances of the case show that the statement should be protected.

If their affirmative defense is that «you signed the agreement», they would have the burden of proving that the signature was yours and placed upon those documents by you.

An affirmative defense to Securities Fraud can be made if the party can prove that he or she did not know, or by using reasonable care could not have known, of any falsity or omission.

It will be a matter for a trier of fact, a jury or a judge, to determine if the use of force was reasonable and if, therefore, the level of force used was justifiable as an affirmative defense against the charge of murder.

If it so happens that you are selected by traffic police again to fill the coffers of a municipality, would you be able to raise an affirmative defense, and bring your spotless driving record into the picture?

If you file in your home state, then the provision in the policy that says you have to go to Virginia, is an AFFIRMATIVE DEFENSE.

The affirmative defense will not be available if the conduct was done without consent.

Also, if you do your due diligence I believe the affirmative defense will hold up on a property seizure.