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NeCede's

Maxim 8.6.2

When the plaintiff does not prove his case, the defendant is acquitted.

Actore non probante, reus absolvitur.

Source: Hob. 103; Weisman, 99cc Difficulty 1/5 — Foundational

Explanation

The burden of proof rests on the party who asserts — if the plaintiff fails to establish his claim, judgment goes for the defendant as a matter of course.

Where this applies

  • The prosecution failed to prove I committed the crime — I should be acquitted.
  • The plaintiff didn't present enough evidence — the case should be dismissed.

Topics

Burden of Proof

Legal domains

evidenceprocedural

See also

Cite this maxim

NeCede Max. 8.6.2 — When the plaintiff does not prove his case, the defendant is acquitted. — Hob. 103; Weisman, 99cc (Actore non probante, reus absolvitur.)

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