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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