Negative pregnant

Negative pregnant

A negative pregnant (sometimes called a pregnant denial) refers to a denial which implies its affirmative opposite by seeming to deny only a qualification of the allegation and not the allegation itself. For example, "I have never consumed cocaine while on duty" might imply that the person making the statement had consumed cocaine on other occasions, and was only denying that they had done so while on duty.

A negative pregnant which appears in pleadings will often elicit a request for further and better particulars, or an interrogatory.

The issue can also arise in the context of statutory interpretation. For instance, Justice Marshall argues in his dissent to EEOC v. Aramco, 499 U.S. 244 (1991), that the presumption against extraterritoriality is rebutted by a negative inference from the alien-exemption provision of Title VII of the Civil Rights Act of 1964, which states that Title VII "shall not apply to an employer with respect to the employment of aliens outside any State." Marshall concludes that "Absent an intention that Title VII apply 'outside any State,' Congress would have had no reason to craft this extraterritorial exemption. And because only discrimination against aliens is exempted, employers remain accountable for discrimination against United States citizens abroad." [1]

Notes

  1. ^ Equal Employment Opportunity Commission v. Arabian American Oil Co. (89-1838), at Cornell Legal Information Institute

See also


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  • negative pregnant — A denial of wrongdoing that implies the opposite by denying only a qualification of the allegation, not the allegation itself. For example, if a defendant who is accused of embezzling a million dollars in 2007 denies the allegation by saying, I… …   Law dictionary

  • Negative pregnant — Negative Neg a*tive (n[e^]g [.a]*t[i^]v), n. [Cf. F. n[ e]gative.] 1. A proposition by which something is denied or forbidden; a conception or term formed by prefixing the negative particle to one which is positive; an opposite or contradictory… …   The Collaborative International Dictionary of English

  • negative pregnant — noun (plural negatives pregnant) Etymology: negative (II) + pregnant, adjective : a legal denial that admits or involves an affirmative implication which is favorable to the pleader s adversary …   Useful english dictionary

  • negative pregnant — A qualified denial pregnant with the admission of a substantial fact not squarely denied, characteristically in the very words of the allegation denied. 41 Am J1st Pl § 196. Where the plaintiff alleges the defendant to be a corporation organized… …   Ballentine's law dictionary

  • Negative — Neg a*tive (n[e^]g [.a]*t[i^]v), n. [Cf. F. n[ e]gative.] 1. A proposition by which something is denied or forbidden; a conception or term formed by prefixing the negative particle to one which is positive; an opposite or contradictory term or… …   The Collaborative International Dictionary of English

  • negative — A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. As to negative covenant negative easement negative servitude negative statute negative testimony, see those titles @… …   Black's law dictionary

  • negative — A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. As to negative covenant negative easement negative servitude negative statute negative testimony, see those titles @… …   Black's law dictionary

  • pregnant negative — See negative pregnant …   Black's law dictionary

  • pregnant — With child; bearing a fetus. Anno: 16 ALR2d 951. See affirmative pregnant; negative pregnant; quick with child …   Ballentine's law dictionary

  • Negative-state relief model — The negative state relief model states that human beings have an innate drive to reduce negative moods. They can be reduced by engaging in any mood elevating behavior, including helping behavior, as it is paired with positive value such as smiles …   Wikipedia

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