Maxim 9.3.6
The presumption always favors the one who denies.
Praesumptio semper est pro negante.
Source: 10 Clark & F. 534; Weisman, 89j
Difficulty 1/5 — Foundational
Explanation
Because proof lies on the affirmative party, the law presumes in favor of the one who denies until the affirmative proposition is established.
Where this applies
- I'm the one denying the claim and the presumption should favor me.
- They made the accusation so the presumption should be in my favor until they prove it.
- As the party being accused, the law should presume in my favor.
Legal domains
See also
Cite this maxim
NeCede Max. 9.3.6 — The presumption always favors the one who denies. — 10 Clark & F. 534; Weisman, 89j (Praesumptio semper est pro negante.)
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