affirmance


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Affirmance

A declaration by an appellate court that a judgment, order, or decree of a lower court that has been brought before it for review is valid and will be upheld.

affirmance

(Authentication), noun assertion, assurance, attestation, certification, confirmation, countersignature, declaration, endorsement, establishment, predication, pronouncement, ratification, substantiation, validation, verification
Associated concepts: affirmance of a contract, confirmation of a judgment, ratification of a voidable contract
Foreign phrases: Posito uno oppositorum, negatur allerum.By the establishment of one of two opposite propooitions, the other one is denied.

affirmance

(Judicial sanction), noun acceptance, assent, concord, concordance, endorsement, legal approval, legal authorization, legal ratification, subscription
Associated concepts: affirmed without opinion, en banc affirmance, unanimous affirmance

affirmance

(Legal affirmation), noun absolute asserrion, adjuration, assertory oath, asseveration, attestation, averment, avouchment, avowal, evidence on oath, legal evidence, legal pledge, oral evidence, positive declaration, positive statement, pronouncement, proposition, solemn averment, solemn avowal, statement on oath, sworn eviience, testimony, verbal evidence, written evidence
Associated concepts: affirmation of a statement
See also: affirmation, approval, assent, asseveration, averment, avouchment, avowal, certainty, certification, confirmation, consensus, consent, indorsement, permission, sanction, surety

AFFIRMANCE. The confirmation of a voidable act; as, for example, when an infant enters into a contract, which is not binding upon him, if, after attaining his full age, he gives his affirmance to it, he will thereafter be bound, as if it had been made when of full age. 10 N. H. Rep. 194.
     2. To be binding upon the infant, the affirmance must be made after arriving of age, with a full knowledge that it would be void without such confirmation. 11 S. & R. 305.
     3. An affirmance may be express, that is, where the party declares his determination of fulfilling the contract; but a more acknowledgment is not sufficient. Dudl. R, 203. Or it may be implied, as, for example, where an infant mortgaged his land and, at full age, conveyed it, subject to the mortgage. 15 Mass. 220. See 10 N. H. Rep. 561.

References in periodicals archive ?
We adhere to our per curiam affirmance of the trial court's order directing a verdict and final judgment rendered thereon for appellee-defendant Knight.
It is always harder to prevail as an appellant or petitioner, so I would expect a high percentage of affirmances, which I found.
effort to select the "narrowest" basis for affirmance. (106)
technical, and including affirmance in part, overall the ITC was
In an indication of its internal divide, the court noted in its three orders Wednesday that "a majority" of the panel concurred in the summary affirmances. The orders upheld the life sentences of Byron A.
On April 11, 2018, the Federal Circuitaffirmed both the district court's non-infringement determination and its award of attorneys' fees, and the Plaintiffs chose not to appeal the affirmance to the Supreme Court, resulting in an across-the-board victory for Canon.
"We are pleased with the Federal Circuit's affirmance of the District Court Decision," said Rob Stewart, President and CEO of Amneal.
With the affirmance of the notices of disallowance by the COA's Legal Services Sector (LSS), Joson filed a petition for exclusion from liability "arguing that he should not be held liable for the disallowed amount since the determination of whether a prospective bidder is eligible or not is the exclusive responsibility of the BAC and if there is indeed a liability, the members of the BAC should be held liable since they are the persons directly responsible for the transaction."
The article also argues for greater transparency for reversal and affirmance rates throughout the federal judiciary.
Evaluating affirmance rates in the Supreme Court and circuit courts from earlier studies, Richard Pierce found that, as relevant here, the affirmance ranges for de novo, Skidmore, and Chevron review overlap: 66% for de novo review, 55.1% to 70.9% for Skidmore, and 64% to 81.3% for Chevron.
As was noted in these pages a couple of years ago, (33) the defendant (who had benefitted from the appellate division ruling) urged that the issue had been preserved for appellate review, obviously assuming that such was necessary for affirmance. (34) Meanwhile, the claimant argued that the issue had not been preserved for appellate review, evidently assuming that such contention, if credited, would dictate reversal of the appellate division ruling.