Skip to content
NeCede's

Maxim 1.5.24

Law arises from fact.

Ex facto jus oritur.

Source: Broom, Max. 102; Jackson 243; Weisman, 71q; Weisman, 30n Difficulty 1/5 — Foundational

Explanation

Legal rights and duties arise from concrete facts, not from abstract propositions — the court must first establish the facts before it can apply the law.

Where this applies

  • A court tries to apply law without first establishing what actually happened.
  • Someone argues a legal theory without having evidence to support the underlying facts.

Legal domains

proceduraltort

See also

Cite this maxim

NeCede Max. 1.5.24 — Law arises from fact. — Broom, Max. 102; Jackson 243; Weisman, 71q; Weisman, 30n (Ex facto jus oritur.)

Found an error? Suggest a correction →