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NeCede's

Maxim 6.4.13

The condition of the defendant is the better one.

Potior est conditio defendentis.

Source: Jackson; Weisman, 65r; Weisman, 99i Difficulty 1/5 — Foundational

Explanation

In cases of doubt, the defendant holds the stronger position — the burden lies on the plaintiff to prove his case, and the defendant is presumed innocent until overcome by evidence.

Where this applies

  • I'm being sued and the evidence is inconclusive — shouldn't the doubt work in my favor?
  • The plaintiff hasn't proven their case but the judge seems inclined to rule against me anyway.

Legal domains

Cite this maxim

NeCede Max. 6.4.13 — The condition of the defendant is the better one. — Jackson; Weisman, 65r; Weisman, 99i (Potior est conditio defendentis.)

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