AFFIRMATIVE. Averring a fact to be true; that which is opposed to negative.
(q.v.)
2. It is a general rule of evidence that the affirmative of the issue
must be proved. Bull. N. P. 298 ; Peake, Ev. 2.
3. But when the law requires a person to do an act, and the neglect of
it, will render him guilty and punishable, the negative must be proved,
because every man is presumed to do his duty and in that case they who
affirm he did not, must prove it. B. N. P. 298; 1 Roll. R. 83; Comb. 57; 3
B.& P. 307; 1 Mass. R. 56.