What does "affirmative defense" refer to in civil litigation?

Preparation for the Civil Process Test with well-crafted quizzes. Study with detailed multiple-choice questions, hints, and breakdowns. Prepare confidently for your test!

An affirmative defense in civil litigation refers to a legal defense put forth by a defendant that, if successfully proven, can completely negate the plaintiff's claims even if the allegations made by the plaintiff are true. This means that the defendant does not merely argue against the truth of the plaintiff's allegations but rather introduces new evidence or arguments that establish a valid legal reason to avoid liability. This could involve asserting claims such as self-defense, statute of limitations, or consent.

For example, in a breach of contract case, the defendant could argue that they were not liable because the contract was void due to fraud. If the jury accepts this defense, the plaintiff's case would fail regardless of the validity of their original claims.

Other options in the question do not accurately capture the essence of an affirmative defense. Statements regarding a plaintiff's claims indicate the plaintiff's perspective rather than the defendant's legal strategy. Financial compensation awarded to defendants does not relate to the concept of an affirmative defense. Additionally, a procedural step to delay the trial process does not pertain to the substantive defenses available to a defendant in response to a plaintiff's claim.

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