Define: Affirm

In law, to affirm means to declare or confirm a previous decision, judgement, or ruling made by a lower court or administrative agency. When a higher court or appellate body affirms a decision, it upholds the validity and correctness of the original decision, thereby allowing it to stand. Affirmation typically occurs after a review of the case record and legal arguments presented, and it indicates that the higher court finds no error in the lower court’s decision. This affirmation serves as a final resolution of the matter, concluding the legal proceedings at that level.

To ratify, establish, or reassert. To make a solemn and formal declaration, as a substitute for an oath, that the statements contained in an affidavit are true or that a witness will tell the truth. In the practice of appellate courts, to declare a judgement, decree, or order valid and to concur in its correctness so that it must stand as rendered in the lower court. As a matter of pleading, to allege or aver a matter of fact.

A judgement, decree, or order that is not affirmed is either remanded (sent back to the lower court with instructions to correct the irregularities noted in the appellate opinion) or reversed (changed by the appellate court so that the decision of the lower court is overturned).

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This glossary post was last updated: 29th March, 2024.