Legal Definitions - nihil novit

nihil novit

Translated from Law Latin, nihil novit means "he knew nothing." In historical Scots law, this phrase referred to a defendant's sworn statement denying any knowledge of the matter in question.

While a general denial of knowledge could sometimes lead to an acquittal (known as "absolvitor"), there was a crucial distinction. If the matter in question was a factum proprium—meaning a fact directly related to the defendant's own actions, knowledge, or personal involvement—then a claim of nihil novit was generally not accepted. In such cases, it was viewed as an evasion rather than a genuine lack of knowledge, and consequently, it could be treated as an admission of the debt or claim against the defendant.

• Example 1: Indirect Knowledge

  Imagine a large corporation facing a lawsuit regarding a minor administrative error made by a junior employee in a different department several years ago. If a senior executive, who was not directly involved in that specific department or incident at the time, were asked under oath about the precise details of that error, they might truthfully claim nihil novit. Because the specific operational detail was not a factum proprium (a fact within their direct personal knowledge or action), their denial of knowledge might be accepted, as it's plausible they genuinely wouldn't know the specifics of every minor incident across the entire organization.

• Example 2: Direct Action or Obligation

  Consider a situation where an individual is sued for failing to repay a personal loan they directly received and signed an agreement for. If, when questioned in court about the existence of the loan or their obligation to repay it, they were to claim nihil novit, this would likely be rejected. The act of receiving and agreeing to the loan is a factum proprium—a matter directly within their own knowledge and action. In this context, claiming "I knew nothing" would be considered an evasion and treated as an admission that they did indeed receive the loan and are obligated to repay it.