averment


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Related to averment: Negative averment

a·ver

 (ə-vûr′)
tr.v. a·verred, a·ver·ring, a·vers
1. To affirm positively; declare: "Liberal politicians ... found it necessary to aver that they were in favor of rigid economy in public spending too" (John Kenneth Galbraith).
2. Law To assert formally as a fact.

[Middle English averren, from Old French averer, from Vulgar Latin *advērāre : Latin ad-, ad- + Latin vērus, true; see wērə-o- in Indo-European roots.]

a·ver′ment n.
a·ver′ra·ble adj.

a•ver•ment

(əˈvɜr mənt)

n.
1. the act of averring.
2. a positive statement.
[1400–50; late Middle English averrement < Middle French. See aver, -ment]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.averment - a declaration that is made emphatically (as if no supporting evidence were necessary)averment - a declaration that is made emphatically (as if no supporting evidence were necessary)
declaration - a statement that is emphatic and explicit (spoken or written)
claim - an assertion of a right (as to money or property); "his claim asked for damages"
claim - an assertion that something is true or factual; "his claim that he was innocent"; "evidence contradicted the government's claims"
accusation, charge - an assertion that someone is guilty of a fault or offence; "the newspaper published charges that Jones was guilty of drunken driving"
contention - a point asserted as part of an argument
ipse dixit, ipsedixitism - an unsupported dogmatic assertion
affirmation, avouchment, avowal - a statement asserting the existence or the truth of something
testimony - an assertion offering firsthand authentication of a fact; "according to his own testimony he can't do it"
disaffirmation, denial - the act of asserting that something alleged is not true

averment

noun
The act of asserting positively:
Translations
References in classic literature ?
He moreover averred, and M'Tavish corroborated his averment by certificate, that he proposed an arrangement to that gentleman, by which the furs were to be sent to Canton, and sold there at Mr.
Instead, the averment that the government officials were not authorized to act as they did is an affirmative defense.
32) Further, the Court found that the averment of an agreement in the plaintiffs' complaint was conclusory and so was not entitled to the usual benefit of construction that courts considering a Rule 12(b)(6) MTD owe to plaintiffs' factual allegations at the pleading stage.
of what had happened in each case: "they admit no averment, plea,
In Bird the plaintiff did not assert the threat of future injury, but even when plaintiffs make such an averment, the courts still deny standing.
The averment in the affidavit amounts solely to the possibility, not the probability, that affiant's belief will prove to be a fact, rather than a belief, upon the execution of the warrant, and not before.
Absent this factual averment, plaintiffs have failed to allege that control of Burlington and Santa Fe after the merger would not remain `in a large, fluid, changeable and changing market.
26) The Court rejected this argument stating that "[t] here is no averment that the conditions and practices to which the ordinance was directed did not exist exclusively among the Chinese, or that there were other offenders against the ordinances than the Chinese, as to whom it was not enforced.
The apex court, which asked the state administration to ascertain the correctness of the media- based serious averment made in a petition, expressed displeasure that despite its orders to take adequate relief and rehabilitation measures, incidents of death of children have been reported leading to uproar in Parliament.
In light of EAJA's purpose "to eliminate the financial disincentive for those who would defend against unjustified governmental action and thereby deter it," Chief Judge Mayer concluded, "it is apparent that Congress did not intend the EAJA application process to be an additional deterrent to the vindication of rights because of a missing averment.
In other cases the wrongful intent inheres in the act itself, is charged by an averment of the doing of the act, and is proved by evidence showing that the act was done.