A paralegal is reviewing a civil complaint where the plaintiff is seeking damages for breach of contract. The defendant has filed an answer denying the allegations and asserting several affirmative defenses, including the statute of limitations. The paralegal understands that an affirmative defense, if proven, will have a specific legal effect on the plaintiff's claim. Which of the following best describes the effect of a successful affirmative defense?
- AIt proves the plaintiff's allegations are false.
- BIt requires the defendant to file a counterclaim against the plaintiff.
- CIt defeats the plaintiff's claim, even if the plaintiff's allegations are true.
- DIt shifts the burden of proof to the plaintiff to disprove the defense.
Show answer & explanationAnswer & explanation
Correct answer: C. It defeats the plaintiff's claim, even if the plaintiff's allegations are true.
An affirmative defense, such as the statute of limitations, does not necessarily deny the plaintiff's facts but rather introduces new facts or legal arguments that, if proven, will defeat the plaintiff's claim, even if the plaintiff's allegations are otherwise true. It essentially provides a reason why the defendant should not be held liable.
Why the other options are wrong
- A. An affirmative defense provides a reason to avoid liability, not necessarily a denial of the facts.
- B. A counterclaim is a separate claim by the defendant against the plaintiff, not a necessary component of an affirmative defense.
- D. While it introduces new facts, the ultimate burden of proof for the plaintiff's claim remains with the plaintiff.
Affirmative Defense
A defense in which the defendant introduces new evidence or arguments that, if found to be credible, will negate criminal or civil liability, even if the facts presented by the prosecution or plaintiff are true.
- Defendant bears the burden of proving it
- Introduces new facts/arguments
- Can defeat a claim even if plaintiff's allegations are true
Memory trick: Affirmative defenses affirm a reason to win, even if the plaintiff is right on the facts.