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In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]
Entrapment by estoppel: In American criminal law, although "ignorance of the law is no excuse" is a principle which generally holds for traditional (older common law) crimes, courts sometimes allow this excuse as a defense, when defendant can show they reasonably relied on an interpretation of the law by the public official(s) charged with ...
The defense of laches is often used as an affirmative defense in patent infringement lawsuits in the USA. In 2021, the Court of Appeals for the Federal Circuit allowed the USPTO to use laches as a reason for denying patents to an applicant, who filed hundreds of applications, that were "atypically long and complex", and who filed amendments ...
Mutual combat, or consent to do battle, is an affirmative defense in assault and aggravated assault cases in the Lone Star State. Washington is the only other state in the union that allows this .
Since the lawsuit was filed, lawmakers have tweaked the Texas Health Code to give an affirmative defense to doctors who use "reasonable judgment" to treat a premature water break — the same ...
Entrapment defenses in the United States have evolved mainly through case law. Courts took a dim view of the defense at first. The New York Supreme Court said in 1864 that "[It] has never availed to shield crime or give indemnity to the culprit, and it is safe to say that under any code of civilized, not to say Christian, ethics, it never will ...
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
Legal estoppel is a principle of law, particularly United States patent law, that an assignor or grantor is not permitted subsequently to deny the validity of title to the subject matter of the assignment or grant.