If every baby needed an affirmative defense of its citizenship status, then these types of costs would be borne by new parents in America.

FORBES: Ending Birthright Citizenship Would Be Costly for Americans

He even voted four times against legislation giving gun owners an affirmative defense when they use firearms to defend themselves and their families against home invaders and burglars.

FORBES: Move up http://i.forbesimg.com t Move down

The defendant in this case, Deloitte US, has the burden of proof, via an affirmative defense at trial, that it acted in good faith and did not know that the statements were false or misleading.

FORBES: A Legal Secret Weapon May Help Hold Deloitte US Firm Liable for ChinaCast Fraud

Those are the facts necessary to satisfy the elements of a claim for, say, breach of contract: promise, consideration, failure to perform, causation and damages, or the requirements of an affirmative defense: impossibility of performance, for instance.

FORBES: Relevance and Strategy

"Colorado's statutory scheme regarding the affirmative defense of insanity, and the introduction of any 'mental condition' evidence at trial or sentencing, is unconstitutional in many individual respects, " they wrote in a 60-page motion and brief filed Thursday.

CNN: Holmes' lawyers blast Colorado's insanity defense laws

If the Defendants are not successful on their motion to dismiss, there are several affirmative defenses which could potentially be raised in order to offer a solid defense leading up to the discovery phase in the pending litigation.

FORBES: Move up http://i.forbesimg.com t Move down