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NeCede's

Maxim 8.8.7

Judgment is not to be pronounced on a matter that is not clear.

Non sententia de re non liquida proferenda est.

Source: Jenk. Cent. 7, case 9 Difficulty 1/5 — Foundational

Explanation

A court should never rush to judgment on doubtful facts — where the evidence is ambiguous or incomplete, the court must withhold decision until the matter is properly illuminated.

Where this applies

  • The court issued a ruling even though key evidence was still missing.
  • A judgment was entered before the facts were fully developed.

Topics

Judgment & Res Judicata

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.8.7 — Judgment is not to be pronounced on a matter that is not clear. — Jenk. Cent. 7, case 9 (Non sententia de re non liquida proferenda est.)

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