Negative

Negative

In the Past

This word has several significations. 1. It is used in contradistinction to giving assent; therefore, we say the president has put his negative upon such a bill. Vide Veto. 2. It is also used in contradistinction to affirmative; as, a negative does not always admit of the simple and direct proof of which an affirmative is capable. When a party affirms a negative in his pleadings and without the establishment of which, by evidence, he cannot recover or defend himself, the burden of the proof lies upon him and he must prove the negative. 8 Toull. n. 18. Vide 2 Gall. Rep. 485; 1 McCord, R. 573; 11 John. R. 513; 19 John. R. 345; 1 Pick. R. 375; Gilb. Ev. 145; 1 Stark. Ev. 376; Bull. N. P. 298; 15 Vin. Ab. 540; Bac. Ab. Pleas, etc. I.

Developments

Although as a general rule the affirmative of every issue must be proved, yet this rule ceases to run the moment the preumption of law is thrown into the other scale. When the issue is on the legitimacy of a child (see more about this popular legal topic in the U.S. encyclopedia), therefore, it is incumbent on the party asserting the illegitimacy to prove it. 2 Selw. N. P. 709. Vide Affirmative Innocence. [1]

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Notes and References

1. Partialy, this information about negative is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including negative.

See Also

Negative

There is an additional definition in the world law dictionary.

Resources

See Also

• As to negative Covenant
• Easement
• Servitude
• Statute
• and Testimony