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Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.
A denial or failure of proof defense focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof. An affirmative defense is a defense that raises an issue separate from the elements of the crime.
When arguing an affirmative defense, a defendant must meet the ?preponderance of the evidence? burden of proof ? a much lower standard. Subsequently, the burden of proof shifts back to the prosecution who must disprove the affirmative defense raised beyond a reasonable doubt.
In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense.