Also known as: affirms · affirmed · affirming · affirmance · affirmation · affirmations · affirmant · affirmative · affirmatory · uphold · confirmation
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An appellate court's action confirming a lower court's judgment or order. The reviewing court upholds the decision below after finding no reversible error.
An appellate court's action confirming a lower court's judgment or order. The reviewing court upholds the decision below after finding no reversible error.
The appellate court upholds the lower court's decision after determining that no reversible error occurred.
To declare or state as true. In legal proceedings the term appears when a person makes a solemn declaration instead of swearing an oath.
Officer Ramirez appeared before Magistrate Lee and affirmed under penalty of perjury that he had personally observed the suspect selling narcotics from the described apartment. The magistrate issued the warrant on the basis of that affirmation.
Before testifying at trial, Anita Ali affirmed that she would tell the truth, choosing that form because of her religious objection to oaths.
To declare or state as true when votes or actions are cast in the affirmative.
After Apex Dynamics was served with the complaint and failed to file an answer or otherwise appear, the plaintiff affirmed that the defendant had not pled or defended. The clerk therefore entered default on that affirmation.
At the special meeting of Ashford Manufacturing shareholders a quorum was present. The merger received more votes in favor than against and was therefore approved under the statute.
To declare or state as true. In legal proceedings the term appears when a person makes a solemn declaration instead of swearing an oath.
To declare or state as true when votes or actions are cast in the affirmative.
Each sense below has its own examples, sources, and questions.
A witness may affirm when an oath conflicts with the witness's religious beliefs or conscience, provided the affirmation impresses the duty to testify truthfully.
Adam Anderson entered the long-vacant warehouse intending to steal copper wiring. The defendant affirmed the statutory abandonment facts and the affirmative defense applied, resulting in acquittal.
Judge Alvarez affirmed her obligation to decide every case fairly and impartially regardless of the parties' identities or the political climate surrounding the litigation.
If a quorum exists, action is approved when votes favoring the matter exceed votes opposing it, unless the articles require a greater number.
An affirmative defense is one the defendant must raise and support with evidence, such as abandonment of the premises in a burglary prosecution.
Yes. The judicial conduct rule requires judges to uphold and apply the law while performing all duties fairly and impartially.
…development in the English law was the case of Rex v. Bourne , [1939] 1 K. B. 687. This case apparently answered in the affirmative the question whether an abortion necessary to preserve the life of the pregnant woman was excepted from the criminal penalties of the 1861 Act. In his instructions to the jury, Judge…