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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]
Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff.
Florida recognizes just seven different pleadings in Fla.R.Civ.P. 1.100: [14] Complaint (or if designated by statute/rule, "Petition") Answer; Reply (if the answer contains a defense, the opposing party must file a reply to avoid it) Answer to a counterclaim; Answer to a crossclaim (if the answer contains a crossclaim)
The Department of Business and Professional Regulation (DBPR) is the agency charged with licensing and regulating more than 1.6 million businesses and professionals in the State of Florida, such as alcohol, beverage & tobacco, barbers/cosmetologists, condominiums, spas, hotels and restaurants, real estate agents and appraisers, and veterinarians, among many other industries.
A real estate license is an authorization issued by a government body to give agents and brokers the legal authority to represent a home seller or buyer in a real estate transaction. Real estate agents and real estate brokers are required to be licensed when conducting real estate transactions in the United States and in a small number of other ...
Florida has a lot at stake with how real estate agents are paid. There are about as many full-time real estate agents in South Florida as there are middle school teachers and slightly more than ...
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
Much of South Florida’s housing market is expected to remain resilient since the legislation was modified, according to a real estate lawyer, consultant and broker interviewed for this story.