What is the Latin word for devil's proof?

The Latin word for 'devil's proof' is Probatio diabolica.

Understanding Probatio Diabolica

Probatio diabolica, translated from Latin as "devil's proof" or "diabolical proof," refers to a specific legal concept where an individual is required to achieve an impossible proof. This presents a significant challenge within a legal system, as it demands evidence that is inherently unobtainable or exceptionally difficult to produce.

Core Concept

The essence of Probatio diabolica lies in the paradoxical demand it places on a party in a legal proceeding. It is not merely a difficult proof, but one that is considered logically or practically impossible to meet. For instance, proving a negative fact in a comprehensive and irrefutable way can often constitute a devil's proof.

Legal Implications and Remedies

When a legal system encounters a situation that would appear to require Probatio diabolica, it often employs specific remedies to ensure fairness and prevent an unjust outcome. These measures are crucial because upholding a requirement for impossible proof would effectively deny justice to the party facing such a demand.

Common remedies include:

• Reversing the burden of proof: Instead of the party facing the probatio diabolica having to prove the impossible, the burden is shifted to the opposing party. This means the other side must then prove the positive assertion or demonstrate the feasibility of the original proof.
• Granting additional rights or considerations: The individual facing the probatio diabolica may be afforded special procedural rights, presumptions in their favor, or other considerations that alleviate the impossible evidentiary burden.

Summary of Probatio Diabolica

To clarify the key aspects of this legal term:

This concept is essential in legal jurisprudence to balance the need for evidence with the practical realities of what can be proven.