The phrase “DefICIT JUS SED PROBATIO” is used in Scots law to indicate that the right is not absent, but rather requires proof. This principle states that certain rights, regardless of whether they are contested or not, necessitate a particular form of evidence, such as a written document, to establish their existence.
Non deficit jus sed probatio, a Latin term used in Scots law, signifies that the right is not lacking, but rather the proof of it. This phrase is employed to convey the principle that many rights, whether disputed or undisputed, necessitate a specific form of evidence, such as a written document. For instance, if an individual asserts ownership of a piece of land, they must substantiate their claim with evidence such as a title deed or a land registry document. Similarly, if someone claims a certain amount of money is owed to them, they must provide proof of the debt, such as a loan agreement or an invoice. Another example is when an individual asserts their right to inherit property from a deceased relative. In such cases, they must provide evidence of their relationship to the deceased, such as a birth certificate or a marriage certificate. These examples exemplify the principle of non deficit jus sed probatio by demonstrating that merely possessing a right is insufficient to assert it. The individual must also furnish proof of their entitlement, often in the form of a written document.
Non Deficit Jus Sed Probatio is a Latin phrase that translates to “The law does not fail, but proof does.” It refers to the principle that the burden of proof lies with the party making a claim or accusation in a legal proceeding.
In a criminal case, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. Non Deficit Jus Sed Probatio emphasizes that it is not enough for the prosecution to simply make an accusation; they must present sufficient evidence to support their claim.
Yes, Non Deficit Jus Sed Probatio applies in civil cases too. However, the burden of proof is generally lower in civil cases, where the plaintiff must prove their case by a preponderance of the evidence, meaning that it is more likely than not that their claim is true.
If the party with the burden of proof fails to meet it, the court will typically rule in favor of the opposing party. In a criminal case, this would result in an acquittal, while in a civil case, it would lead to a judgment in favor of the defendant.
Yes, in certain circumstances, the burden of proof can shift from one party to another. For example, in a self-defence claim, the burden may shift to the defendant to prove that their actions were justified.
While Non Deficit Jus Sed Probatio is a widely accepted principle in many legal systems, its exact application and interpretation may vary depending on the jurisdiction and the specific laws in place.
Non Deficit Jus Sed Probatio is not a defence strategy in itself, but it can be invoked by the defence to challenge the prosecution’s failure to meet the burden of proof. The defence can argue that the evidence presented is insufficient to support a conviction.
There may be exceptions to Non Deficit Jus Sed Probatio in certain legal contexts. For example, in some administrative proceedings, the burden of proof may be placed on the respondent rather than the party making the accusation.
Non Deficit Jus Sed Probatio is closely related to the presumption of innocence, which is a fundamental principle in criminal law. Both concepts emphasize that the burden of proof lies with the accuser and that a person is considered innocent until proven guilty.
No, Non Deficit Jus Sed Probatio cannot be waived by the parties involved. It is a fundamental principle of law that ensures a fair and just legal process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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