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a basketball team possessing only defensive skills, without the ability
to grab the ball from opposing players and shoot for points at their
chance would they have?
you’re on the defense in a lawsuit, you need to defend affirmatively!
the ball from the other side and drive toward your own goal.
tutorial shows you how.
a plaintiff sues a defendant, the plaintiff files a paper called a Complaint in
which he states the basis for his lawsuit by affirmatively alleging
ultimate facts he claims he can prove (facts he must prove to
win his case).
plaintiff’s Complaint is an affirmative action … i.e.,
it has teeth!
the defendant cannot successfully move the court to have the case dismissed
or stricken, he must file an Answer to the plaintiff’s Complaint – however,
an answer by itself (i.e., without affirmative defenses) has
answer, by itself, merely “answers” the complaint one
paragraph at a time.
answer, by itself, either admits, denies, or states defendant has insufficient
knowledge to respond to what the complaint alleges.
answer, by itself, provides no mechanism for a defendant to affirmatively plead
answer, by itself, is non-aggressive.
answer, by itself, provides the defendant with no mechanism to affirmatively state
the defendant’s position in response to the complaint.
the defendant who merely “answers” the plaintiff’s
complaint, without also filing affirmative defenses along with his answer,
straps himself with a legal burden that can kill his case even before
he’s begun to fight.
like playing basketball purely from a defensive posture.
defenses should always be filed along with defendant’s
defenses give defendants an affirmative position from which
to argue why defendant is not responsible for the damages sought
by the plaintiff and what the defendant intends to prove so
the court can see the flaws in the plaintiff’s case.
affirmative defenses, the defendant is always on the defense.
a good way to win the game!
simplified tutorial shows how and why defendants should file affirmative
defenses every time the filing of an answer is required.