Maxim 1.5.120
The law compels no one to declare that which he is presumed not to know.
Lex neminem cogit ostendere quod nescire presumitur.
Source: Lofft, 569; Jackson; Weisman, 69n; Weisman, 72l
Difficulty 2/5 — Approachable
Explanation
A party cannot be required to disclose information the law presumes he does not possess — compelled testimony must rest on a reasonable basis for the witness’s knowledge.
Where this applies
- A witness is forced to testify about something they could not reasonably know.
- A person is ordered to disclose information they have no way of possessing.
Legal domains
Cite this maxim
NeCede Max. 1.5.120 — The law compels no one to declare that which he is presumed not to know. — Lofft, 569; Jackson; Weisman, 69n; Weisman, 72l (Lex neminem cogit ostendere quod nescire presumitur.)
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