Also known as:negates · negated · negating · negation · nullify · invalidate
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or evidence that denies a factual assertion or renders a legal position or obligation without effect.
Sources & Authorities
How it applies
Common Examples
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Settlement Offer Shows No Delay
Nancy Nelson sued a supplier for late delivery of goods. The supplier offered evidence of a settlement discussion to show that Nelson had not delayed filing suit. The court admitted the evidence because it negated the contention of undue delay in bringing the claim.
Map Challenge Dismissed as Political
Nalini Narula challenged a state legislative map as an unconstitutional partisan gerrymander. The court dismissed the suit because the claim presented a nonjusticiable political question that no federal court could resolve.
Prosecutor Discloses Exculpatory Facts
Natalie Norris prosecuted a theft case. She learned that a key witness had recanted and immediately turned the statement over to defense counsel. The disclosure negated any later claim that the state had withheld information tending to show innocence.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Warranty Language Read Consistently
Nigel Nelson bought industrial equipment from Nexus Financial. The sales contract contained both an express warranty of fitness and a clause attempting to limit remedies. The court construed the two provisions together because any attempt to negate the warranty was unreasonable.
Witness Signature Does Not Invalidate Will
Nathan Nguyen executed a will witnessed by his daughter, who was also a beneficiary. After his death the daughter offered the will for probate. The court admitted the instrument because the interested witness's signature did not negate or invalidate any provision.
Statement Against Interest Admitted
Nina Nielsen sought to introduce a deceased declarant's statement that he had falsified inventory records. The court admitted the statement because a reasonable person would have made it only if believing it true, thereby negating any claim that the declarant lacked personal knowledge.
Common questions
Frequently Asked
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What does it mean for evidence to negate a contention of undue delay?+
Evidence negates a contention of undue delay when it shows that a party acted promptly rather than waiting an unreasonable time before filing suit. The court may admit otherwise excluded settlement material for this limited purpose.
Does an interested witness's signature negate the validity of a will?+
No. Under the uniform probate code an interested witness may sign a will without invalidating it or any of its provisions.
When must a prosecutor disclose information that tends to negate guilt?+
A prosecutor must make timely disclosure of all known evidence or information that tends to negate the guilt of the accused or mitigate the offense.
How does a court treat words that attempt to negate an express warranty?+
Words attempting to negate or limit an express warranty are construed as consistent with the warranty whenever reasonable. Negation is inoperative to the extent the construction is unreasonable.
410 U.S. 113 (1973)Constitutional Law
…While the opinion thus commands my respect, I find myself nonetheless in fundamental disagreement with those parts of it that invalidate the Texas statute in question, and therefore dissent. I The Court's opinion decides that a State may impose virtually no restriction on the performance of abortions during the first…