Affirmative, * Averring a fact to be true; that which is opposed to negative. (q. v.)

2. It is a general rule of evidence that the affirmative of the issue must be proved. Bull. N. P. 298 ; Peake, Ev. 2.

3. But when the law requires a person to do an act, and the neglect of it, will render him guilty and punishable, the negative must be proved, because every man is presumed to do his duty and in that case they who affirm he did not, must prove it. B. N. P. 298; 1 Roll. R. 83; Comb. 57; 3 B.& P. 307; 1 Mass. R. 56.

* From Bouvier's Law Dictionary, 1856 Edition. Please see Bouvier's Legal Abbreviations & Abbreviated References for help with obscure nomenclature & references.

« Definitions Aff to All

« Legal Dictionary

A | B | C | D | E | F | G | H
I | J | K | L | M | N | O | P
Q | R | S | T | U | V | W | Y