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

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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.

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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.

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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.

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