Maxim 9.5.18
Truth is lost by excessive altercation.
Source: Hob. 344; Weisman, 101k
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Excessive dispute and prolonged argument obscure rather than reveal the truth; courts and advocates should seek clarity and directness rather than exhaustive contention.
Where this applies
- Two lawyers spend three days arguing over the meaning of a single comma in a contract, and by the end neither the judge nor the jury can remember what the actual dispute was about.
- A witness is cross-examined so aggressively and for so long that her original clear testimony becomes muddled — the excessive questioning has obscured the facts rather than clarifying them.
- Opposing parties file so many motions and counter-motions over a procedural issue that the court loses sight of the underlying merits of the case.
Legal domains
Cite this maxim
NeCede Max. 9.5.18 — Truth is lost by excessive altercation. — Hob. 344; Weisman, 101k
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