The defendant may put forth a(n)__________ which admits the defendant acted in a certain way but claims that the defendant's conduct was not the __________ of harm to the plaintiff,or that that defendant's conduct was __________.
A) affirmative defense, legal cause, excused
B) motion for summary judgment, legal cause, excused
C) counterclaim, legal cause, excused
D) affirmative defense, proximate cause, preempted

Question

Quizplus · Accepted Answer

The defendant may put forth an affirmative defense, which admits the defendant acted in a certain way but claims that the defendant's conduct was not the legal cause of harm to the plaintiff, or that the defendant's conduct was excused. Proximate cause would refer to the direct cause of harm, and preempted does not make sense in this context. Similarly, a motion for summary judgment and counterclaim are not relevant to this scenario.

The Defendant May Put Forth A(n)__________ Which Admits the Defendant