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Simple English definitions for legal terms
affirmance
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A quick definition of affirmance:
Affirmance: Affirmance means saying "yes" or agreeing to something. It can refer to a person who had the power to cancel a contract but decides to keep it instead, making the contract valid. It can also refer to a higher court agreeing with a lower court's decision. Additionally, it can mean someone choosing to treat an unauthorized action as if it was authorized.
A more thorough explanation:
Definition: Affirmance is the act of ratifying, reaccepting, or confirming something. It can also refer to the formal approval by an appellate court of a lower court's judgment, order, or decree.
For example, if someone has the power to avoid a contract but chooses to continue with it, that is an affirmance of the contract. This means that they are bound by the terms of the contract as if they had agreed to it from the beginning.
In the legal context, affirmance can also refer to a higher court's decision to uphold a lower court's ruling. For instance, if a trial court finds someone guilty of a crime and the defendant appeals the decision, the appellate court may issue an affirmance if they agree with the trial court's ruling.
Another example of affirmance is when someone treats an unauthorized act as authorized. For instance, if someone uses another person's credit card without permission, the cardholder may choose to affirm the transaction by not disputing the charge.
Overall, affirmance is a term used to describe the act of confirming or approving something, whether it be a contract, court ruling, or unauthorized transaction.