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Legal Definitions - non memini

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Definition of non memini

Term: Non memini
Definition: Non memini means "I do not remember" in Latin. In Scots law, it is used in reference to an oath where a person swears that they do not remember a transaction. If the circumstances suggest that the non memini is an honest and reasonable answer, it may result in a decree of absolvitor (a legal decision that absolves someone from blame or debt). However, if the fact referred to is recent and the deponent cannot be believed to be ignorant of it, they will be considered as concealing the truth and will be decerned against (judged against) as if they had refused to depone (give evidence under oath).
Example: In a court case, a person is asked if they remember receiving a payment for a debt. If they answer "non memini" and the circumstances suggest that they genuinely do not remember, they may be absolved of the debt. However, if it is clear that they are lying and do remember receiving the payment, they will be judged against as if they had refused to give evidence.

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Simple Definition

Term: non memini

Definition: Non memini is a Latin phrase used in Scots law which means "I do not remember". It is often used in reference to an oath where a person swears that they do not remember a transaction. If the circumstances suggest that the non memini is an honest and reasonable answer, it may result in a decree of absolvitor in their favor. However, if the fact referred to is recent and the deponent cannot be believed to be ignorant of it, they will be considered as concealing the truth and will be decerned against as if they had refused to depone.

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