Maxim 9.3.15
No impossible or dishonorable things are to be presumed; but only things true, honorable, and possible.
Source: Co. Litt. 78; Weisman, 89k
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Courts will not presume the impossible or the dishonorable; all presumptions favor what is true, honorable, and within the realm of possibility.
Where this applies
- A party asks the court to presume that a 90-year-old woman personally carried a 200-pound safe out of a building — the court refuses because the presumption is physically impossible.
- Someone argues the court should presume a public official deliberately destroyed records to hide wrongdoing, without any evidence — the law presumes honorable conduct, not dishonest acts.
- A plaintiff asks the court to presume that a contract was signed under duress simply because the terms are unfavorable — the court won't presume dishonor; duress must be proved.
Legal domains
Cite this maxim
NeCede Max. 9.3.15 — No impossible or dishonorable things are to be presumed; but only things true, honorable, and possible. — Co. Litt. 78; Weisman, 89k
Found an error? Suggest a correction →