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NeCede's

Maxim 8.8.27

Sentence is not given upon matters that are not clear.

Source: Jenk. Cent. p. 7, case 9; Weisman, 64k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A court will not render judgment on a matter that is unclear or unresolved — the facts must be sufficiently established before sentence can be pronounced.

Where this applies

  • A judge refuses to convict a defendant when the key evidence is ambiguous and the facts remain genuinely unclear.
  • A court declines to enter a verdict in a contract dispute because the terms of the agreement are so vague that neither side's interpretation can be confirmed.
  • A jury is instructed that if the evidence leaves reasonable doubt about what happened, they must acquit — judgment cannot rest on uncertainty.

Legal domains

Cite this maxim

NeCede Max. 8.8.27 — Sentence is not given upon matters that are not clear. — Jenk. Cent. p. 7, case 9; Weisman, 64k

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