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NeCede's

Maxim 9.2.3

An oath is indivisible; it cannot be held partly true and partly false.

Juramentum est indivisibile, et non est admittendum in parte verum et in parte falsum.

Source: 4 Inst. 279; Jackson, No. 456; Weisman, 84d Difficulty 2/5 — Approachable

Explanation

Sworn testimony must be taken whole — a tribunal may not selectively accept portions of an oath while rejecting others, because the oath stands or falls as one.

Where this applies

  • A witness swore to their testimony but part of it was proven false — can any of it be trusted.
  • They want to accept some parts of a sworn statement but reject others.
  • The court is cherry-picking which portions of sworn testimony to believe.

Legal domains

See also

Cite this maxim

NeCede Max. 9.2.3 — An oath is indivisible; it cannot be held partly true and partly false. — 4 Inst. 279; Jackson, No. 456; Weisman, 84d (Juramentum est indivisibile, et non est admittendum in parte verum et in parte falsum.)

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