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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