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NeCede's

Maxim 9.1.24

It is in the nature of things that a negative is no proof.

Source: Black's, 2d. 890; Bouv. 147; Code. 4, 19, 23; Weisman, 39j Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) A negative proposition cannot be proved directly; therefore the party who asserts the affirmative bears the entire burden and must produce positive proof.

Where this applies

  • The other side is asking me to prove I never signed the document, but you can't prove a negative — the burden belongs to the person claiming the signature is mine.
  • A government agency demands that a property owner prove he never polluted his own land — but proving a negative is impossible, so the agency must produce affirmative evidence of contamination.
  • An employer accuses a worker of stealing but demands the worker prove she didn't take anything — the worker can't prove a negative, so the employer must produce positive proof of the theft.

Legal domains

Cite this maxim

NeCede Max. 9.1.24 — It is in the nature of things that a negative is no proof. — Black's, 2d. 890; Bouv. 147; Code. 4, 19, 23; Weisman, 39j

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