Last updated: 4/13/2015
128.03. Concluding Paragraph-Affirmative Defense ClaimedStart Your Free Trial $ 11.99
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128.03 Concluding Paragraph--Affirmative Defense Claimed If you find that the plaintiff has proved each of these propositions, then you should consider the defendant's affirmative defense of [_________________________]. In order to defeat the plaintiff's claim, the defendant must prove: First: [___________________________________________________________], Second: [_________________________________________________________], [List the elements of the affirmative defense.] If the defendant proves all of these propositions, your verdict should be for the defendant. If the defendant has failed to prove each of these propositions, [then you must consider the defendant's claim that the plaintiff was contributorily negligent.] [then you must find for the plaintiff.]