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NeCede's

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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