Skip to content
NeCede's

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.)

Found an error? Suggest a correction →