Home › Topics › Witnesses Topic Witnesses 5 maxims cross-cutting the 12 books 9.1.4 A confession made in court is stronger than any proof. Confessio facta in judicio omni probatione major est. Source: Jenk. Cent. 102; 11 Co. 30; Weisman, 39b A voluntary admission before the tribunal supersedes the need for extrinsic evidence on the admitted point. 9.1.7 The thing speaks for itself. Res ipsa loquitur. Source: Broom, Max.; per Pollock, C.B. in Byrne v. Boadle (1863) 2 H. & C. 722 Where an event is of such a character that it could not ordinarily occur without negligence or wrongful act, the occurrence itself is evidence sufficient to raise a presumption of fault without further proof. 9.1.12 One eye-witness is worth more than ten ear-witnesses. Pluris est oculatus testis unus quam auriti decem. Source: 4 Inst. 279; 3 Bouv. Inst. n. 3154; Weisman, 39w Direct observation outweighs hearsay; testimony from one who saw the event firsthand carries greater weight than any number of those who merely heard of it. 9.1.13 Witnesses are weighed, not counted. Testes ponderantur, non numerantur. Source: 1 Starkie, Ev. 554; Best, Ev. §389; Weisman, 39x The credibility and quality of witnesses determines the force of their testimony, not the mere number of them. 9.2.5 In court, no one is believed unless under oath. In judicio non creditur nisi juratis. Source: Cro. Car. 64; 3 Inst. 79 All facts presented in a legal proceeding must be established by sworn testimony or affirmation; unsworn statements carry no evidentiary weight.