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Falsus in uno, falsus in omnibus
''Falsus in uno, falsus in omnibus'' is a Latin phrase meaning "false in one thing, false in everything."〔''Enying Li v. Holder'', 738 F.3d 1160, 1165 (9th Cir. 2013) (defining phrase).〕 At common law, it is the legal principle that a witness who testifies falsely about one matter is not credible to testify about any matter.〔''Kanawha & M. Ry. Co. v. Kerse'', ("()he jury may reasonably have concluded that their testimony should be rejected in toto . . . .").〕 Although many common law jurisdictions have rejected a categorical application of the rule, the doctrine has survived in some American courts.〔George Fisher, ''The Jury's Rise As Lie Detector'', 107 575, 713 (1997).〕
==Origins==
The origins of the doctrine of ''falsus in uno, falsus in omnibus'' in the common law have been traced as far back as the Stuart Treason Trials in the late seventeenth century.〔George Fisher, ''The Jury's Rise As Lie Detector'', 107 575, 713 (1997) (citing 3 , supra note 44, § 1009, at 675).〕 However, the widespread acceptance of the principle in seventeenth century English courts suggests that the doctrine has much earlier roots.〔George Fisher, ''The Jury's Rise As Lie Detector'', 107 575, 713 (1997) ("Although Wigmore did not find earlier expressions of the rule, its repeated appearance in the trials of this era suggests it had earlier roots.").〕 In the seventeenth and eighteenth centuries, the principle functioned as a mandatory presumption that a witness was unreliable if they previously lied while offering testimony.〔George Fisher, ''The Jury's Rise As Lie Detector'', 107 575, 655 (1997) ("In its original form, the rule of falsus in uno was mandatory.").〕 By the early nineteenth century, English courts began instructing juries that they may presume a witness who testified falsely was unreliable, but such a presumption was not mandatory.〔See 3 , supra note 44, § 1010, at 676.〕 In 1809, Lord Ellenborough rejected a categorical application of the rule, stating that "though a person may be proved on his own shewing, or by other evidence, to have foresworn himself as to a particular fact; it does not follow that he can never afterwards feel the obligation of an oath."〔4 A.L.R. 2d 1077 (Originally published in 1949) (citing ''Rex v. Teal'' (1809) 11 East 307, 103 Eng Reprint 1022).〕 Although some American courts disfavor the mandatory application of the doctrine, others continue to uphold a mandatory presumption of unreliability for witnesses that have previously testified falsely.〔George Fisher, ''The Jury's Rise As Lie Detector'', 107 575, 713 (1997); see also ''Enying Li v. Holder'', 738 F.3d 1160 (9th Cir. 2013) (upholding doctrine); ''The Santissima Trinidad'', 20 U.S. (7 Wheat.) 283, 339 (1822) (requiring mandatory presumption).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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