The phrase "in dubio, sequendum quod tutius est" is a Latin legal maxim that translates to "when in doubt, follow the safer course." It suggests that in situations where uncertainty exists, individuals or courts should choose the option that minimizes risk or harm. This principle is often applied in legal contexts to guide decision-making when evidence or facts are unclear.
This maxim is commonly used in various legal areas, including civil, criminal, and family law. It serves as a guiding principle for judges and juries when they face ambiguous evidence or conflicting testimonies. By adhering to this maxim, legal professionals can ensure that decisions made are in the best interest of justice and safety.
Users can manage certain legal processes themselves by utilizing resources like US Legal Forms, which offers templates and documents that align with this principle.
Here are a couple of examples of abatement:
For instance, in a criminal case where a witness states they saw the defendant at the scene "two or three times," the court may apply this maxim. If the witness is not certain about the third occurrence, the court should not assume the defendant was present more than twice, thereby following the safer course of action.
(Hypothetical example): If a family court is unsure whether a parent is fit for custody due to conflicting reports, it may choose to grant temporary custody to the other parent until more information is available, following the safer option for the child's welfare.
Examples of state differences (not exhaustive):
| State | Application of the Maxim |
|---|---|
| California | Often applied in family law cases to ensure the child's safety. |
| New York | Used in civil cases to determine liability when evidence is unclear. |
| Texas | Frequently referenced in criminal cases regarding witness testimony. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Preponderance of evidence | The standard of proof in civil cases. | Focuses on the weight of evidence rather than safety. |
| Beyond a reasonable doubt | The standard of proof in criminal cases. | Requires a higher certainty than the safer course principle. |
If you find yourself in a situation where this maxim is relevant, consider the following steps:
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| Attribute | Details |
|---|---|
| Legal Context | Civil, criminal, family law |
| Application | Guides decision-making in uncertain cases |
| Risk Assessment | Focus on minimizing potential harm |
It means "when in doubt, follow the safer course," guiding decision-making in uncertain legal situations.