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Legal Definitions - evasive
Definition of evasive
Evasive describes something or someone that attempts to avoid directly answering a question, confronting an issue, or fulfilling a responsibility. It implies a deliberate effort to be vague, indirect, or misleading rather than providing a clear, straightforward, or definitive response or action.
Here are a few examples to illustrate the concept of being evasive:
In a Legal Deposition: During a deposition, an attorney asks a witness, "Did you sign the contract on June 1st?" The witness replies, "I recall reviewing several documents around that time, and I typically sign things when I'm satisfied with the terms, so it's possible."
This response is evasive because the witness avoids a direct "yes" or "no" answer. Instead, they offer a general recollection and a conditional statement, effectively sidestepping the specific question about signing the contract on a particular date.
In a Business Negotiation: A potential investor asks a startup founder, "What is your projected profitability for the next fiscal year?" The founder responds, "We anticipate significant growth and market penetration, positioning us for strong financial performance as we scale our operations."
The founder's answer is evasive because it uses positive but generic business jargon ("significant growth," "strong financial performance") without providing a specific numerical projection or a clear financial outlook, thus avoiding a direct answer to the profitability question.
In a Public Statement: A company spokesperson is asked by a journalist, "Will your company be laying off employees next quarter?" The spokesperson states, "We are continuously evaluating our operational efficiencies to ensure we remain competitive in a dynamic market, always prioritizing the long-term health of the organization."
This statement is evasive because it does not directly address the question about layoffs. Instead, it uses corporate language about "operational efficiencies" and "long-term health" to avoid confirming or denying the possibility of job cuts.
Simple Definition
In legal terms, "evasive" describes a response or statement that avoids directly addressing the issue or question presented. It signifies being elusive or shifting, rather than providing a clear and straightforward answer. When a legal pleading is evasive, a party may request a more definite statement from the court.