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.
affirmative
adj. 1. that supports the existence of certain facts <affirmative evidence>. 2.that involves or requires effort <an affirmative duty>.
affirmative action
A set of actions designed to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create systems and procedures to prevent future discrimination. see reverse discrimination under discrimination.
affirmative charge
see affirmative instruction under jury instruction.
affirmative condition
see positive condition under condition (2)
affirmative condition.
See positive condition.
affirmative converse instruction
An instruction presenting a hypothetical that, if true, commands a verdict in favor of the defendant. ( An affirmative converse instruction usu. begins with language such as "your verdict must be for the defendant if you believe affirmative instruction. An instruction that removes an issue from the jury's consideration, such as an instruction that whatever the evidence, the defendant cannot be con- victed under the indictment count to which the charge is directed. - Also termed affirmative charge.
affirmative covenant
A covenant that obligates a party to do some act; esp., an agreement that real property will be used in a certain way. ( An affirmative covenant is more than a restriction on the use of property; it requires the owner to undertake certain specified acts.
affirmative defense
A defendant's assertion raising new facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all allegations in the complaint are true. ( Examples of affirmative defenses include duress and contributory negligence (in a civil case) and insanity and selfdefense (in a criminal case).
affirmative duty
A duty to take a positive step to do something.
affirmative easement
An easement that forces the servient-estate owner to permit certain actions by the easement holder, such as discharging water onto the servient estate. - Also termed positive easement. Cf. negative easement."Positive easements give rights of entry upon the land of another, not amounting to profits, to enable something to be done on that land. Some are commonplace, examples being rights of way across the land of another and rights to discharge water on to the
affirmative injunction
see mandatory injunction under injunction.
affirmative instruction
see jury instruction.
affirmative misconduct
see misconduct.
affirmative misconduct.
1. An affirmative act of misrepresentation or concealment of a material fact; intentional wrongful behavior. ( Some courts hold that there must be an ongoing pattern of misrepresentation or false promises, as opposed to an isolated act of providing misinformation. 2. With respect to a claim of estoppel against the federal government, a misrepresentation or concealment of a material fact by a government employee -beyond a merely innocent or negligent misrepresentation.
affirmative plea
see pure plea under plea (2).
affirmative pregnant
A positive statement that ambiguously implies a negative; a statement that does not explicitly deny a charge, but instead answers an unasked question and thereby implies culpability, as when a person says "i returned your car yesterday" to the charge "you stole my car!" cf. negative pregnant.
affirmative proof
Evidence establishing the fact in dispute by a preponderance of the evidence.
affirmative relief
The relief sought by a defendant by raising a counterclaim or cross claim that could have been maintained independently of the plaintiff's action.
affirmative representation
A representation asserting the existence of certain facts pertaining to a given subject matter.
affirmative statute
A law requiring that something be done; one that directs the doing of an act. Cf. negative statute.
affirmative testimony
Testimony about whether something occurred or did not occur, based on what the witness saw or heard at the time and place in question. - Also termed positive testimony. See direct evidence under EVIDENCE.
affirmative warranty
A warranty - express or implied - that facts are as stated at the beginning of the policy period. ( An affirmative warranty is usu. a condition precedent to the policy taking effect.
affirmative waste
see commissiue waste under waste (1).
affirmative waste.
See commissive waste.