There must be sufficient positive facts proved to take a matter out of the realm of conjecture and presumption to that of certainty.

Explanation

(English-origin maxim.) To prevail on a claim, the proponent must present sufficient affirmative evidence to elevate the matter from mere possibility to reasonable certainty — speculation is not proof.

Where this applies

• A plaintiff claims the defendant's product 'might have' caused her illness, but offers no medical testimony or test results — the court rules she has not moved beyond conjecture.
• A contractor sues for extra costs, presenting only speculation that supply prices 'probably went up' without any invoices or receipts — the claim fails for lack of positive proof.
• A criminal defendant is charged based on circumstantial evidence that he 'could have' been at the scene, but no witness, fingerprint, or video confirms it — the evidence does not rise above presumption.