Legal Definitions - non constat

Non constat is a Latin legal phrase meaning "it is not certain" or "it is not settled." In legal arguments and general discourse, it is used to point out that a particular conclusion does not necessarily follow from the facts or statements presented, even if it might seem to do so at first glance. It highlights a logical gap or an unsupported inference, suggesting that the conclusion is not a guaranteed or inevitable outcome of the preceding information.

Here are some examples to illustrate this concept:

• Example 1: Business Performance

  A company's quarterly report shows a substantial increase in customer inquiries through its website. The marketing director concludes that their recent investment in a new website design was a resounding success in attracting more potential clients.

  Non constat: While the increase in inquiries and the new website design occurred concurrently, it is not certain that the design alone was the primary cause. Other factors, such as a major competitor going out of business, a successful offline advertising campaign, or a seasonal surge in demand for their products, could also have contributed significantly to the increased inquiries. The conclusion that the new website design was solely responsible for attracting more clients does not necessarily follow without further analysis of these other potential influences.

• Example 2: Public Policy

  A city council observes that many residents complain about traffic congestion during rush hour. They propose building a new, wider road through a residential area, arguing that this will solve the city's traffic problems.

  Non constat: The observation of traffic congestion does not necessarily mean that building a new, wider road will solve the city's overall traffic problems. Research often shows that new roads can sometimes induce more traffic, or that the congestion might be due to other factors like inadequate public transport, poor signal timing, or bottlenecks elsewhere in the road network. The conclusion that a single new road will "solve the city's traffic problems" is not a necessary consequence of the initial observation; it's an assumption that might not hold true.

• Example 3: Personal Observation

  A parent notices their child spending many hours playing video games and subsequently sees a slight dip in their school grades. The parent concludes that the video games are directly causing the decline in academic performance.

  Non constat: While the child's increased gaming and lower grades are observed together, it is not certain that the video games are the sole or direct cause of the academic dip. Other factors could be at play, such as a change in teachers, a more challenging curriculum, social issues at school, or even unrelated health concerns. The conclusion that the video games are definitively causing the grade decline does not necessarily follow without ruling out or considering these other potential influences.