Maxim 9.1.17
Violent presumption is sometimes full proof.
Violenta praesumptio aliquando est plena probatio.
Source: Co. Litt. 6; Jackson
Difficulty 2/5 — Approachable
Explanation
A presumption so strong that it admits of no reasonable alternative explanation may stand as complete proof of the fact presumed, shifting the burden entirely to the opposing party.
Where this applies
- The circumstantial evidence is so overwhelming there's only one possible explanation.
- Every piece of evidence points in the same direction and there's no reasonable alternative.
- The presumption against the other party is so strong it should count as full proof.
Legal domains
Cite this maxim
NeCede Max. 9.1.17 — Violent presumption is sometimes full proof. — Co. Litt. 6; Jackson (Violenta praesumptio aliquando est plena probatio.)
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