Skip to content
NeCede's

Maxim 1.5.240

Witnesses cannot prove a negative, but an affirmative.

Tesmoignes ne poent testifier le negative, mes l’affirmative.

Source: 4 Inst. 279; Jackson; Weisman, 39m Difficulty 2/5 — Approachable

Explanation

A witness can attest to what he saw or heard, but proving that something did not happen is inherently unreliable — the burden of proving a positive fact falls on the party asserting it.

Where this applies

  • A witness testifies that something did not happen.
  • A party tries to prove a negative through witness testimony.

Legal domains

evidence

Cite this maxim

NeCede Max. 1.5.240 — Witnesses cannot prove a negative, but an affirmative. — 4 Inst. 279; Jackson; Weisman, 39m (Tesmoignes ne poent testifier le negative, mes l’affirmative.)

Found an error? Suggest a correction →