Skip to content
NeCede's

Maxim 3.4.24

It is sometimes expedient to forget what you know.

Etiam oblivisci quod scis interdum expedit.

Source: Weisman, 69v Difficulty 2/5 — Approachable

Explanation

Discretion and prudence sometimes require setting aside what one knows — applied to situations where strict enforcement of knowledge would produce unjust or impractical results.

Where this applies

  • A judge exercises discretion to exclude a piece of highly prejudicial evidence even though it is technically admissible, recognizing that sometimes it is wiser to set aside what you know.
  • A prosecutor chooses not to introduce a defendant's prior conviction at sentencing because doing so would inflame the jury beyond what justice requires.
  • A mediator deliberately withholds information about one party's weakness from the negotiation, judging that strict enforcement of that knowledge would derail a fair settlement.

Legal domains

Cite this maxim

NeCede Max. 3.4.24 — It is sometimes expedient to forget what you know. — Weisman, 69v (Etiam oblivisci quod scis interdum expedit.)

Found an error? Suggest a correction →