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NeCede's

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

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