Skip to content
NeCede's

Maxim 3.1.5

A status once established is presumed by law to continue until the contrary appears.

Status semel constitutus praesumitur manere donec contrarium appareat.

Source: Kidder v. Stevens, 60 Cal. 414, 419; Broom, Max. 944; Weisman, 76f Difficulty 2/5 — Approachable

Explanation

One who was proved competent at one time is presumed competent until evidence to the contrary is produced. The burden lies on him who asserts the change.

Where this applies

  • A person was competent last year and someone claims they are now incompetent without proof.
  • A legal status once established is challenged without evidence of change.

Legal domains

evidenceprocedural

See also

Cite this maxim

NeCede Max. 3.1.5 — A status once established is presumed by law to continue until the contrary appears. — Kidder v. Stevens, 60 Cal. 414, 419; Broom, Max. 944; Weisman, 76f (Status semel constitutus praesumitur manere donec contrarium appareat.)

Found an error? Suggest a correction →