Affirm in the United States

Decision by an appellate court that the judgment of a court below is correct. When an appeals court affirms a lower court, it declares that the lower court handled the case properly, that its judgment was reasonable, and that its decision will stand. Affirming a lower court judgment is the opposite of reversing it. A reversal sets aside the lower court judgment as improperly decided.

Analysis and Relevance

A court that affirms a lower court ratifies the judgment and confirms its correctness. An appeals court may affirm a lower court decision after full argument. In such cases, a formal opinion on the substantive question(s) in the case is usually issued. An appellate court with discretionary jurisdiction may, however, refuse to review particular cases. Indeed, failure to get a full review on the merits is the norm. Refusing to grant review also affirms the judgment of the lower court. In both these instances, the party seeking review has failed to obtain a reversal of the lower court decision. In another context, the term affirm is used to refer to the truthfulness of a statement. An affirmation of the accuracy of an assertion is often substituted for making such statements under oath.

Notes and References

Definition of Affirm from the American Law Dictionary, 1991, California

Affirm Definition

(Lat. afflrmwre, to make firm; to establish). To ratify or confirm a former law or judgment. Cowell. Especially used of confirmations of the judgrments of an inferior by an appellate tribunal. To ratify or confirm a voidable act of the party. To make a solemn religious asseveration in the nature of an oath. See “Affirmation.”

Affirm in Foreign Legal Encyclopedias

Link	Description
Affirm	Affirm in the World Legal Encyclopedia.
Affirm	Affirm in the European Legal Encyclopedia.
Affirm	Affirm in the Asian Legal Encyclopedia.
Affirm	Affirm in the UK Legal Encyclopedia.
Affirm	Affirm in the Australian Legal Encyclopedia.

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Affirm	Affirm in the Family Law Portal of the American Encyclopedia of Law.
Affirm	Affirm in the IP Portal of the American Encyclopedia of Law.
Affirm	Affirm in the Commercial Law Portal of the American Encyclopedia of Law.
Affirm	Affirm in the Criminal Law Portal of the American Encyclopedia of Law.
Affirm	Affirm in the Antritrust Portal of the American Encyclopedia of Law.
Affirm	Affirm in the Bankruptcy Law Portal of the American Encyclopedia of Law.
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Affirm	Affirm in the Tax Law Portal of the American Encyclopedia of Law.
Affirm	Affirm in the and Finance and Banking Portal of the American Encyclopedia of Law.
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Affirm	Affirm in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Affirm	Affirm in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

(Lat. afflrmwre, to make firm; to establish). To ratify or confirm a former law or judgment. Cowell. Especially used of confirmations of the judgrments of an inferior by an appellate tribunal. To ratify or confirm a voidable act of the party. To make a solemn religious asseveration in the nature of an oath. See “Affirmation.”

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Notice

This definition of Affirm Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Affirm