Juridical Dictionary

This dictionary contains:
8526
juridical terms

Affirmative defense




Affirmative defense

New facts or legal defenses in response to the opposing spouse's pleading.

RELATED TERMS
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Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Response
The formal document filed by the defendant (respondent) to answer the complaint or summons.

Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.



SIMILAR TERMS
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Affiance
Contracts. From affidare or dare fidem, to give a pledge. A plighting of troth between a man and woman.

Affiant
The person who makes and subscribes an affidavit.

Affidare
To plight one's faith, or give fealty.

Affidatio dominorum
English law.An oath taken by a lord in parliament.

Affidavit
A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness.

Affiliate
1) Entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities -(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; 2) Corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities-(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; 3) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; 4) Entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement;

Affiliate bidding
A condition in purchasing when multiple bids are tendered for a contract from a single company under various names to give the appearance of competition.

Affinitas affinitatis
That connexion between two persons which has neither consanguinity nor affinity; as, the connexion between the hushand's brother and the wife's sister. This connexion is formed not between the parties themselves, nor between one of spouses and the kinsmen of the other, but between the kinsmen of both.

Affirmance
The confirmation of a voidable act; as, for example, when an infant enters into a contract, which is not binding upon him, if, after attaining his full age, he gives his affirmance to it, he will thereafter be bound, as if it had been made when of full age.

Affirmance-day, general
In the English Court of Exchequer, is a day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments.

Affirmant
Practice. 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.

Affirmation
A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.

Affirmative
Averring a fact to be true; that which is opposed to negative.

Affirmative pregnant
Pleading. An affirmative allegation, implying some negative, in favor of the adverse party.

Affirmed
In the practice of appellate courts, the word means that the decision of the trial court is correct.



PREVIOUS AND NEXT TERMS
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Affirmance
The confirmation of a voidable act; as, for example, when an infant enters into a contract, which is not binding upon him, if, after attaining his full age, he gives his affirmance to it, he will thereafter be bound, as if it had been made when of full age.

Affirmance-day, general
In the English Court of Exchequer, is a day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments.

Affirmant
Practice. 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.

Affirmation
A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.

Affirmative
Averring a fact to be true; that which is opposed to negative.

Affirmative defense

Affirmative pregnant
Pleading. An affirmative allegation, implying some negative, in favor of the adverse party.

Affirmed
In the practice of appellate courts, the word means that the decision of the trial court is correct.

Affray
Criminal law. The fighting of two or more persons, in some public place, to the terror of the people.

Affreightment
Com. law. The contract by which a vessel or the use of it, is let out to hire.

Aforesaid
Before mentioned; already spoken of.

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This dictionary contains 8526 terms.







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