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NeCede's

Maxim 1.5.154

Nothing in law is more intolerable than to rule a similar case by a diverse law.

Nihil in lege intolerabilius est, eandem rem diverso jure censeri.

Source: 4 Co. 93; Jackson Difficulty 3/5 — Intermediate

Explanation

Equal cases must receive equal treatment — applying different rules to materially identical facts destroys public confidence in the impartiality of the courts.

Where this applies

  • Two identical cases get different outcomes from the same court.
  • A judge rules one way for one person and the opposite way for another in the same situation.

Legal domains

Cite this maxim

NeCede Max. 1.5.154 — Nothing in law is more intolerable than to rule a similar case by a diverse law. — 4 Co. 93; Jackson (Nihil in lege intolerabilius est, eandem rem diverso jure censeri.)

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