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NeCede's

Maxim 12.3.8

The law requires, not conjecture, but certainty.

Source: Coffin v. Ogden, 85 U.S. 120, 124; Weisman, 15d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A verdict or ruling may not rest on conjecture — the evidence must establish the facts with reasonable certainty before a party may recover.

Where this applies

  • A jury awards damages based on a plaintiff's guess about lost profits rather than actual financial records — the appellate court reverses because the law requires certainty, not conjecture.
  • A prosecutor asks the jury to convict based on what 'probably happened' rather than proven facts — the court instructs that conjecture is not a substitute for evidence.
  • A claimant seeks compensation for emotional distress but provides only vague assertions with no corroborating testimony — the court finds the claim rests on conjecture, not certainty.

Legal domains

Cite this maxim

NeCede Max. 12.3.8 — The law requires, not conjecture, but certainty. — Coffin v. Ogden, 85 U.S. 120, 124; Weisman, 15d

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