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Affirmative

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

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.