|
 |
||
 |
| This dictionary contains: 8526 juridical terms |
 |
Negative averment
|
|
Negative avermentPleading, evidence. An averment in some of the pleadings in a case in which a negative is asserted.
RELATED TERMS--------------------------------------
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
SIMILAR TERMS--------------------------------------
Negation
Denial. Two negations are construed to mean one affirmation.
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
PREVIOUS AND NEXT TERMS--------------------------------------
Necessary and proper
The Constitution of the United States, art. 1, s. 8, vests in congress the power " to make all laws, which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, in any department or officer thereof."
Necessary intromission
Scotch law. When the husband or wife continues, after the decease of his or her companion in possession of the decedent's goods, for their preservation.
Necessity
In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibilities,
Negation
Denial. Two negations are construed to mean one affirmation.
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
Negative averment
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
Negligence
Contracts, torts. When considered in relation, to contracts, negligence may be divided into various degrees, namely, ordinary, less than ordinary, more than ordinary.
RELATED TERMS--------------------------------------
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.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
SIMILAR TERMS--------------------------------------
Negation
Denial. Two negations are construed to mean one affirmation.
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
PREVIOUS AND NEXT TERMS--------------------------------------
Necessary and proper
The Constitution of the United States, art. 1, s. 8, vests in congress the power " to make all laws, which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, in any department or officer thereof."
Necessary intromission
Scotch law. When the husband or wife continues, after the decease of his or her companion in possession of the decedent's goods, for their preservation.
Necessity
In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibilities,
Negation
Denial. Two negations are construed to mean one affirmation.
Negative
This word has several significations: 1) It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings, and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him, and he must prove the negative.
Negative averment
Negative condition
Contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry.
Negative invoicing
Using an invoice for a negative amount to cover a theft of a customer payment. The negative invoice is less noticeable than a credit memorandum and usually under less stringent control. A negative invoice is a symptom of possible theft.
Negative pregnant
Pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative.
Negative statute
One which is enacted in negative terms, and which so controls the common law, that it has no force in opposition to the statute.
Negligence
Contracts, torts. When considered in relation, to contracts, negligence may be divided into various degrees, namely, ordinary, less than ordinary, more than ordinary.
We thank you for using the Juridical Dictionary to search for Negative averment. If you have a better definition for Negative averment than the one presented here, please let us know by making use of the suggest a term option. This definition of Negative averment may be disputed by other professionals. Our attempt is to provide easy definitions on Negative averment and any other medical topic for the public at large.
This dictionary contains 8526 terms.
|
|