Negative Averment - Law Dictionary Search Results

Home Dictionary Name: negative averment

negative averment

negative averment : a negative statement or allegation (as in a pleading) that constitutes a statement of fact and that must be proved by the party making it [a negative averment alleging that the plaintiff did not have the capacity to sue] ...

aver

aver averred aver·ring : to assert or declare positively esp. in a pleading : allege [not necessary to the capacity of a party to sue "Federal Rules of Civil Procedure Rule 9(a)"] NOTE: Federal Rule of Civil Procedure 8(e)(1) requires that averments in a pleading be “simple, concise, and direct,” and states that “no technical forms of pleading or motions are required.” aver·ment n ...

Aver

Aver (to) [fr. averer, Fr.; fr. verus, Lat.], to maintain at true....

Averment

Averment [fr. verificatio, Lat.], an advancement or affirmation of any matter in a pleading, and when new matter was introduced the pleading con-cluded with a verification except in the anomalous case of the general plea of bankruptcy under the repealed 6 Geo. 4, c. 16. Verifications or averments were of two kinds: common and special. Common were applied to ordinary cases, and were in the following form:- 'And this the plaintiff (or defendant) is ready to verify.' Special were used where the matter pleaded was intended to be tried by record or by some other method than a jury. They were in the following forms:- 'And this the plaintiff (or defendant) is ready to verify, by the said record,' or And this the plantiff (or defendant) in ready to verify, when, where, and in such manner as the Court here shall order, direct, or appoint.'...

Negative

Negative. In general a negative cannot be proved or testified by witnesses, 2 Inst. 662. But this rule does not apply where one party charges another with a culpable omission or breach of duty; in such a case the person who makes the charge is bound to prove it, though it may involve a negative, for it is one of the first principles of justice not to presume that a person has acted illegally till the contrary is proved. Where the presumption of law is in favour of a defendant, then the plaintiff must disprove the defence, though he may have to prove a negative.In summary proceedings any exception, etc., may be proved by the defendant, but need not be negatived in the information, Summary Jurisdiction Act, 1879, s. 39 (2); 1 Phil. Evid. c. vii., s. 4. [Or. 14, r. 6, CPC]....

negative amortization

negative amortization amortization means that monthly payments are large enough to pay the interest and reduce the principal on your mortgage. Negative amortization occurs when the monthly payments do not cover all of the interest cost. The interest cost that isn't covered is added to the unpaid principal balance. This means that even after making many payments, you could owe more than you did at the beginning of the loan. Negative amortization can occur when an ARM has a payment cap that results in monthly payments not high enough to cover the interest due. Source: U.S. Department of Housing and Urban Development ...

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Negative Averment - Law Dictionary Search Results