Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative.

From impossibility to nonexistence the inference follows necessarily in the negative, though not in the affirmative.

Argumentum a ma;jori ad minus negative non valet; valet a converso

An argument from the greater to the lesser is of no force in the negative; conversely (in the affirmative) it is valid.

Negative

n. 1. A word or phrase of denial or refusal <"no" and "not" are negatives>. 2. A word expressing the opposite of the positive <two negatives and one positive>. 3. The original plate of a photograph, on which light and shadows are the opposite of the positive images later created and printed <not only the pictures, but also the negatives, were required to be returned>. 4. Archaic. The power of veto <the king's negative has eroded>.

Negative Commerce Clause

See COMMERCE CLAUSE.

Negative averment.

An averment that is negative in form but affirmative in substance and that must be proved by the alleging party- ( an example is the statement "she was not old enough to enter into the contract," which is more than just a simple denial. Cf. Traverse.

Testmoignes ne poent testifier le negative, mes Z'airmative

Witnesses cannot testify to a negative; they must testify to an affirmative.

implied negative covenant

A covenant binding a grantor not to permit use of any reserved right in a manner that might destroy the benefits that would otherwise inure to the grantee.

negative act.

The failure to do something that is legally required; a nonoccurrence that involves the breach of a legal duty to take positive action. 0 This takes the form of either a forbearance or an omission. - Also termed act of omission.

negative amortization

an increase in a loan's principal balance caused by monthly payments insufficient to pay accruing interest. 2. the act or result of apportioning the initial cost of a usu. intangible asset, such as a patent, over the asset's useful life. cf. depreciation

negative averment

See AVERMENT.

negative cash flow

A financial situation in which cash outflow exceeds cash inflow. See INSOLVENCY.

negative causation

See CAUSATION.

negative causation.

Securities. The defense that part of the plaintiff's damages were caused by factors other than the depreciation in value of the securities resulting from registration-statement defects. 0 If negative causation is proved, the plaintiffs damages should be reduced. 15 USCA ยง 77k(e).

negative condition

A condition forbidding a party from doing a certain thing, such asprohibiting a tenant from subletting leased property; a promise not to do something, usu. as part of a larger agreement. See negative easement under EASEMENT. - Also termed restrictive condition.

negative contingent fee

See reverse contingent fee under CONTINGENT FEE. negative covenant See COVENANT (1).

negative covenant

A covenant that requires a party to refrain from doing something; esp., in a real-estate financing transaction, the borrower's promise to the lender not to encumber or transfer the real estate as long as the loan remains unpaid.

negative duty

A duty that forbids someone to do something; a duty that requires someone to abstain from something. - Also termed passive duty.

negative easement

See EASEMENT

negative evidence

See EVIDENCE.

negative externality

See EXTERNALITY.

negative misprision

See MISPRISION.

negative plea

See PLEA (3).

negative pregnant

A denial implying its affirmative opposite by seeming to deny only a qualification of the allegation and not the allegation itself. ( An example is the statement, "I didn't steal the money last Tuesday," the implication being that the theft might have happened on another day. - Also termed negative pregnant with an afrnaatiue. Cf. AFFIRMATIVE PREGNANT.

negative prescription

See PRESCRIPTION

negative proof

Proof that establishes a fact by showing that its opposite is not or cannot be true. Cf. positive proof.

negative reprisal

A reprisal by which a nation refuses to perform an obligation to another nation, such as the fulfillment of a treaty.

negative right

A right entitling a person to have another refrain from doing an act that might harm the person entitled.

negative servitude

See SERVITUDE (1)

negative statute

See STATUTE.

negative testimony

See negative evidence under EVIDENCE.

negative veto

See qualified veto under VETO.

negative-pledge clause.

1. A provision requiring a borrower, who borrows funds without giving security, to refrain from giving future lenders any security without the consent of the first lender. 2. A provision, usu. in a bond indenture, stating that the issuing entity will not pledge its assets if it will result in less security to the bondholders under the indenture agreement.

reciprocal negative easement

An easement created when a landowner sells part of the land and restricts the buyer's use of that part, and, in turn, that same restriction is placed on the part kept by the landowner. Such an easement usu. arises when the original landowner creates a common scheme of development for smaller tracts that are carved out of the original tract.