Maxim 1.5.112
Credit is to be given to the latest decisions.
Judiciis posterioribus fides est adhibenda.
Source: 13 Co. 14; Jackson
Difficulty 2/5 — Approachable
Explanation
This maxim establishes a procedural default: where multiple decisions address the same point, the latest is presumed to state the law. However, this presumption yields to first principles — a later decision that departs from the original understanding of a constitutional provision does not thereby become correct.
Where this applies
- An older court ruling conflicts with a newer one on the same point.
- Two precedents disagree and a court must choose which to follow.
Legal domains
Cite this maxim
NeCede Max. 1.5.112 — Credit is to be given to the latest decisions. — 13 Co. 14; Jackson (Judiciis posterioribus fides est adhibenda.)
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