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NeCede's

Maxim 1.3.11

A custom once disallowed cannot again be brought forward.

Consuetudo semel reprobata non potest amplius induci.

Source: Davies 33; Black's 256; Jackson 156; Weisman, 27s Difficulty 2/5 — Approachable

Explanation

Once a court has rejected a claimed custom, the same custom cannot be revived in later proceedings — the question is settled.

Where this applies

  • A court already rejected a claimed custom years ago, and someone tries to bring it up again.
  • A party reasserts a local practice that was previously found invalid.

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 1.3.11 — A custom once disallowed cannot again be brought forward. — Davies 33; Black's 256; Jackson 156; Weisman, 27s (Consuetudo semel reprobata non potest amplius induci.)

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