3 PJI 7.2 | RESPONSIBILITY FOR PROOF - AFFIRMATIVE DEFENSE PREPONDERANCE OF THE EVIDENCE
[When more than one affirmative defense is involved, you should consider each one separately.]
I caution you that the [Defendant, Counter-Defendant, cross-claim Defendant] does not have to disprove the [Plaintiff’s] [Counter-Plaintiff’s] [cross-claimant’s] claim[s], but if the [Defendant, Counter-Defendant, cross-claim Defendant] raises an affirmative defense, the only way [he/she/it] can prevail on that specific defense is if [he/she/it] proves that defense by a preponderance of the evidence.
ANNOTATIONS AND COMMENTS
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this item in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
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