Affirmed
In US law, the term affirmed has multiple meanings. But, the general definition of affirm is to confirm or ratify.
There are multiple instances where the term is used in US law. They are,
- Appellate courts have the right to affirm that a decision made in the lower court is correct and will stand.
- Bodies like courts and administrative boards use the term affirm when they approve something.
- Those who are required to take an oath, like government officials, witnesses in court trials, or US senators, must mention that they affirm the oath, instead of swearing to it.
Difference between swearing and affirming
Affirming is a term that is often confused with swearing. Both do mean the same, though, with the exception of very small changes.
A person swearing to a legal document means that they are taking an oath. Swearing an oath is something that a lot of religious individuals do. A person swearing an oath will swear by God that they are telling the truth. When swearing, the person will hold a Bible or any other religious text.
Affirming a legal document, on the other hand, is made without any reference to God or religion. Individuals who are not religious have the option to affirm an affidavit. During an affirmation, an authorized person will ask ”Do you solemnly and sincerely and truly declare and affirm that the contents of this affidavit are true and correct to the best of your knowledge and belief?”. Deponents, or a person who is testifying under oath, will have to respond “I do” to this question.
Instances where an appeal is affirmed
There are many occurrences where an appeal is affirmed in court. A few are listed below.
- As mentioned before, an appeal is affirmed when an appellate court confirms that the lower court’s decision was accurate.
- In a case where the evidence submitted supports a decision and a lower court’s judgment offers an explanation for the same, then the final court order is affirmed.
- In addition to affirming, appellate courts can also modify, reverse, or remand a court order. This usually occurs if the appellate court thinks that there was a mistake with the lower court’s judgment.
What comes next after an appeal is affirmed
Usually, appellate courts evaluate a case and analyze how the lower court made its decision. If the results are satisfactory, the appellate court will affirm the appeal.
Once an appeal has been affirmed, the individual will have a chance to file a petition for a rehearing of the case. The petition has to be submitted within 30 days after the court’s decision. The appellate court will evaluate the petition for rehearing and make a decision.
In most cases, a rehearing is only used to clarify a final order. There are exceptions, though. Sometimes, a rehearing may lead to a change in the court’s decision.
