negative averment

negative averment
neg·a·tive averment n: 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

Merriam-Webster’s Dictionary of Law. . 1996.

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  • averment — I noun adjuration, adjurement, affirmance, affirmation, announcement, assertion, assertment, assertory oath, asseveration, attest, attestation, avouchment, avowal, confirmation, declaration, formulation, instrument in proof, positive declaration …   Law dictionary

  • negative — A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. As to negative covenant negative easement negative servitude negative statute negative testimony, see those titles @… …   Black's law dictionary

  • negative — A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. As to negative covenant negative easement negative servitude negative statute negative testimony, see those titles @… …   Black's law dictionary

  • legal — 1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law; of or pertaining to the law; lawful. Freeman v. Fowler Packing Co., 135 Kan. 378, 11 P.2d 276, 277. See… …   Black's law dictionary

  • legal — 1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law; of or pertaining to the law; lawful. Freeman v. Fowler Packing Co., 135 Kan. 378, 11 P.2d 276, 277. See… …   Black's law dictionary

  • testimony — tes·ti·mo·ny / tes tə ˌmō nē/ n pl nies [Latin testimonium, from testis witness]: evidence furnished by a witness under oath or affirmation and either orally or in an affidavit or deposition former testimony: testimony that a witness gives at a… …   Law dictionary

  • pleading — plead·ing n 1 a: one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses; also: a written document embodying such a… …   Law dictionary

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