Legal Definitions - quod non fuit negatum

quod non fuit negatum

This Latin phrase, historically used in legal contexts, translates to "which was not denied." It signifies that an argument, assertion, or proposal presented to a court was not challenged, contradicted, or rejected by the court. In essence, the court's silence or lack of opposition indicated an implicit acceptance or acknowledgment of the point raised, allowing it to stand without judicial dispute.

• Example 1: Procedural Request
  During a complex trial, a lawyer for the plaintiff requests a brief adjournment to allow a key witness, who was unexpectedly delayed, to arrive and testify. The judge considers the request, looks at the court calendar, and without explicitly stating "request granted," simply announces, "We will reconvene in one hour."

  Explanation: The judge's action of calling for a recess that aligns with the lawyer's request, without voicing any objection or denial, would historically be noted as "quod non fuit negatum." The court did not dispute the necessity or appropriateness of the proposed adjournment, thereby allowing it to proceed.

• Example 2: Factual Premise
  In a case involving a boundary dispute between neighbors, one party's attorney presents evidence and argues that a particular fence line has been recognized and maintained by both families as the official boundary for over 30 years. The opposing counsel does not challenge this specific historical fact, and the judge, in subsequent discussions about the case, refers to the 30-year recognition as an established element without questioning its validity.

  Explanation: The court's implicit acceptance of the 30-year recognition of the fence line, without challenging or denying this factual premise, illustrates "quod non fuit negatum." The judge's conduct indicates that this assertion was not controverted by the court.

• Example 3: Proposed Settlement Term
  Two businesses involved in a breach of contract lawsuit reach a tentative settlement agreement during mediation. They present the proposed terms, including a payment schedule and a non-disclosure clause, to the presiding judge for final approval. The judge reviews the document thoroughly and, finding no legal deficiencies or unfairness, signs the order without suggesting any modifications or raising any objections to the terms.

  Explanation: The judge's approval of the settlement agreement without any denial or challenge to its proposed terms exemplifies "quod non fuit negatum." The court did not dispute the proposed resolution, allowing it to become a binding order as presented.