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NeCede's

Maxim 1.5.243

Where a common remedy ceases, there recourse must be had to an extraordinary one.

Ubi cessat remedium ordinarium ibi decurritur ad extraordinarium.

Source: 4 Co. 93; Jackson; Weisman, 94n Difficulty 2/5 — Approachable

Explanation

When ordinary legal processes are inadequate, the court may grant extraordinary relief such as writs of mandamus, prohibition, or habeas corpus to prevent a failure of justice.

Where this applies

  • Normal court processes cannot address a constitutional violation.
  • A writ of habeas corpus is sought because ordinary appeals are inadequate.

Legal domains

Cite this maxim

NeCede Max. 1.5.243 — Where a common remedy ceases, there recourse must be had to an extraordinary one. — 4 Co. 93; Jackson; Weisman, 94n (Ubi cessat remedium ordinarium ibi decurritur ad extraordinarium.)

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