Affirmative

That which establishes; that which asserts a thing to be true.

That which establishes; that which asserts a thing to be true. It is a general rule of evidence that the affirmative of the issue must be proved; Buller, N. P. 298; Peake, Ev. 2. 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; 1 Rolle 83; 3 Bos. & P. 307. See Burden of Proof.

That which declares positively; that which avers a fact to be true; that which establishes; the opposite of negative. The party who, upon the allegations of pleadings joining issue, is under the obligation of making proof, in the first instance, of matters alleged, is said to hold the affirmative, or, in other words, to sustain the burden of proof. Abbott. An to affirmative "Damages," "Picas," "Warranties," see those titles.

— Affirmative defense. In code pleading. New matter constituting a defense; new matter which, assuming the complaint to be true, constitutes a defense to it. Carter v. Eighth Ward 'Bank, 33 Misc. Rep. 128, 67 N. Y. Supp. 300.

— Affirmative pregnant. In pleading. An affirmative allegation implying some negative in favor of the adverse party. Fields v. State, 134 Ind. 46, 32 N. E. 780.

— Affirmative relief. Relief, benefit, or compensation which may be granted to the defendant in a judgment or decree in accordance with the facts established in his favor; such as may properly be given within the issues made by the pleadings or according to the legal or equitable rights of the parties as established by the evidence. Garner v. Hannah, 6 Duer (N. Y.) 262.

— Affirmative statute. In legislation. A statute couched in affirmative or mandatory terms; one which directs the doing of an act, or declares what shall be done ; as a negative statute is one which prohibits a thing from being done, or declares what shall not be done. Blackstone describes affirmative acts of parliament as those "wherein justice is directed to be done according to the law of the land." 1 Bl. Comm. 142.

That which declares positively; that which avers a factto be true; that which establishes; the opposite of negative. The party who, upon the allegations of pleadings joining issue, is under the obligation of making proof, in the first instance, of matters alleged, is said to hold the affirmative, or, in other words, to sustain the burden of proof. Abbott.