What defense is a defense whereby the defendant offers new evidence to avoid judgment?

What defense is a defense whereby the defendant offers new evidence to avoid judgment?

• A. Notice
• B. Affirmative defense
• C. Default judgment
• D. Motion

Answer: (B)

An affirmative defense is a defense that adds new facts or legal theories that, if proven, defeat liability even if the plaintiff’s claims are true. In civil cases, the plaintiff must prove each element of the claim, but the defendant can raise an affirmative defense to introduce evidence or arguments that justify or excuse liability. This approach often involves presenting new facts—such as self-defense, statute of limitations, or assumption of risk—that, if established, would avoid judgment, even when the plaintiff’s facts are true. That’s why this option best fits the idea of offering new evidence to avoid liability. By contrast, notice concerns service of process, default judgment results from failing to respond, and a motion is a procedural request—not, by itself, a defense category.

An affirmative defense is a defense that adds new facts or legal theories that, if proven, defeat liability even if the plaintiff’s claims are true. In civil cases, the plaintiff must prove each element of the claim, but the defendant can raise an affirmative defense to introduce evidence or arguments that justify or excuse liability. This approach often involves presenting new facts—such as self-defense, statute of limitations, or assumption of risk—that, if established, would avoid judgment, even when the plaintiff’s facts are true. That’s why this option best fits the idea of offering new evidence to avoid liability. By contrast, notice concerns service of process, default judgment results from failing to respond, and a motion is a procedural request—not, by itself, a defense category.