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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