After all, even if ignorance of the law were an affirmative defense, these people would be no less guilty.
A shadow defense can be any legal theory, including an affirmative defenses.
The defendant may have the burden of proof on other issues, however, such as affirmative defenses.
Free Republic responded to the suit by raising an affirmative defense of fair use.
The affirmative defense will not be available if the conduct was done without consent.
The burden of proof is going to shift once I start to build up an affirmative defense.
But, the state may place the burden of proof for an affirmative defense on the defendant.
A clear illustration of an affirmative defense is self defense.
An affirmative defense can be different from a negating defense.
The rule also created an affirmative defense for pre-planned trades.