Affirmative Defense When a defendant in a civil lawsuit files a response, usually called an "answer," the answer will state the defendant's denials of the claims made.
Affirmative defense
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A defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts.
Affirmative Defense: A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, ...
Affirmed - In the practice of appellate courts, the word means that the decision of the trial court is correct.,
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AFFIRMANT - One who makes affirmation instead of making oath that the evidence which he is about to give shall be the truth, as if he had been sworn.
Affirmative Defense
n. ancillary jurisdiction allows a federal court to assert jurisdiction over claims that are not sufficiently related or subordinated to an action properly within the court's subject matter jurisdiction.
To go through the 'affirmative procedure' refers to statutory instruments which must be approved by both the House of Commons and the House of Lords to become law.
Affirmative action: Programs often required by state or federal law that attempt to compensate for discriminatory practices that have in the past denied fair consideration to members of minority groups.
Affirm: The assertion of an appellate court that the judgment of the lower court is correct and should stand.
Allegation: A declaration of a party to an action made in a pleading, stating what he expects to prove.
Affirmative Defense: New facts or legal defenses in response to the opposing spouse's pleading.
Agreement: Mutual assent between two or more parties; normally leads to a contract; may be verbal or written.
AFFIRMATIVE DEFENSE - Without denying the charge, the defendant raises extenuating or mitigating circumstances such as insanity, necessity, or coercion to avoid civil or criminal responsibility.
affirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.
affirmed: Upheld, agreed with (e.g.,The Appellate Court affirmed the judgment of the City Court).
Affirm - When a higher court declares that a lower court's action was correct.
Allegation - The accusation, assertion, declaration or statement of a party to an action, made in a pleading, setting out what he expects to prove.
Affirmation
A declaration acknowledging that the person will tell the truth under penalty of perjury. Affirmations may be made by individuals who object to taking an oath on religious grounds.
affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
allegation: something that someone says happened.
affirmative defenses: listed in Rule 8; these defenses must be pleaded in the answer or they are waived; they are generally aimed at destroying the merits of plaintiff's cause of action.
affirmative defenseA defense which does not necessarily refute an allegation but offers new matter which may defeat the right to recovery.
amicus curiaeA friend of the court; a nonparty volunteers information.
affirmative action : an active effort (as through legislation) to improve the employment or educational opportunities of members of minority groups or women ...
AFFIRM - To ratify, make firm, confirm, establish, reassert. Alternate procedure to swearing under an oath.
AGE OF MAJORITY - The age when a person acquires all the rights and responsibilities of being an adult. In most states, the age is 18.
Affirmation: Declaring something to be true under the penalty of perjury by a person who will not take an oath for religious or other reasons.
Affidavit: A written statement made under oath.
Affirm: To confirm or ratify; a Court Of Appeals affirms or disaffirms a decision of a lower court.
Affix: To attach to; to sign; to attach one's signature.
Affirmative Defense - Apart from denying a charge or claim, a defendant may assert affirmative defenses such as insanity, self-defense or entrapment to avoid criminal responsibility, ...
affirm: To make a solemn (serious) statement.
affirmation: When an appellate court says that the lower court's decision was right.
Affirmative defense
Without denying the charge, the defendant raises circumstances such as insanity, self-defense or entrapment to avoid civil or criminal responsibility.
Affirmation (Solemn ):
A solemn promise that has the same effect as a religious oath.
After Acquired Property:
Property of a bankrupt acquired between the date of bankruptcy and prior to the bankrupt's discharge from bankruptcy.
AFFIRMATION: A solemn and formal declaration or statement that an affidavit is true, that the witness will tell the truth, etc. This can be substituted for an oath in certain cases.
affirm (1) to give an affirmation (see below); (2) to approve or validate that which was done by a lower court; i.e., an appellate court is said to affirm the trial court.
AFFIRMATION - A solemn and formal declaration that a statement is true. In certain cases, an affirmation may be substituted for an oath.
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affirmative action
n. the process of a business or governmental agency in which it gives special rights of hiring or advancement to ethnic minorities to make up for past discrimination against that minority.
affirmation
A pledge that statements made are true which may be made in place of an oath if an oath is contrary to a person's religious belief or if the person has no religious belief.
Affirmative and negative easements
An affirmative easement is the right to use another's property for a specific purpose, while a negative easement is a restriction of otherwise permitted activity on one's land.
Affirmation
A formal declaration made by a witness before they give their evidence to say that they will tell the truth. If a witness lies having affirmed in court, they may be charged with perjury.
affirmative action
Positive or constructive action rather than inaction. Affirmative action programs and regulations attempt to compensate for discriminatory practices that have in the past denied fair consideration to members of minority groups.
Affirmation
An affirmation is a sworn statement made under the penalties of perjury. The signature does not need to be notarized. However, only a certain specified classes of individuals may make an affirmation.
Affirm
When an appellate court says that the lower court's decision was right.
Answer ...
Affirmati, non neganti incumbit probatio. The proof lies upon him who affirms, not on him who denies.
Aliud est celare, aliud tacere. To conceal is one thing, to be silent another.
The form of affirmation given above is that used for Quakers, Moravians and Separatists in the witness-box: " I, A. B., being one of the people called Quakers (one of the United Brethren called Moravians), do, &c.
the person making allegations either sworn or affirmed before an officer of the court such as a notary.
(2) To confirm with a person, by asking him or her under oath or affirmation, that the information he or she is providing in a document is true. Only persons authorized to commission a document may do so.
Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way).
Under Rules of Civil Procedure, when a party against whom a judgment for affirmative relief is sought has failed to plead (i.e. answer) or otherwise defend, he is in default and a judgment by default may be entered either by the clerk or the court.
Oath A religious or solemn affirmation to tell the truth or to take a certain action.
Originally courts granted only prohibitory injunctions, on the grounds that the performance of affirmative orders could not be easily compelled or supervised. In the 19th cent.
: the affirmative defense of having been entrapped by a government agent (as an officer or informant)
see also predispose ...
Fourth: No unreasonable search and seizures, no warrants without probable cause, and such warrants must be upon "oath or affirmation" and describe the place to be searched or the person or things to be taken.
If any proposition be true, whatever is affirmed or denied in it is a fact. - Ram on Facts, Ch. I. "Fact" is contrasted with "law".
this area of the law encompasses a wide variety of issues like Pension Plans, Retirement, Occupational Safety & Health Regulations, Affirmative Action and Sexual Harassment.
Burden of proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof).
Defense of property - Affirmative defense in criminal law or tort law where force was used to protect one's property.
Deficient - Incomplete; defective; not sufficient in quantity or force.
In pleading, a single material point of law or fact depending in the suit, which, being affirmed on the one side and denied on the other is presented for determination.
Affidavit - A written statement made upon oath or affirmation and signed in the presence of a person who is authorised to administer oaths (normally a solicitor).
Affirmation
When the innocent party, aware of a matter which would justify him ending the contract (e.g. breach of contract or misrepresentation) does not end the contract.
Agency ...
YEAS AND NAYS.
The list of members of a legislative body voting in the affirmative and negative of a proposition is so called. 2. The constitution of the United States,... more ...
states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, ...
In the United States this is known as the merger doctrine, because the expression is considered to be inextricably merged with the idea. Merger is often pleaded as an affirmative defense to charges of infringement.
 See also: Law, State, Person, Court, Action
  
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