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NeCede's

Maxim 1.5.274

A thing which has no effect in law is not an impediment.

Source: Jenk. Cent. Cas. 162; Wing. Max. 727; Weisman, 71b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim — no Latin equivalent; the English title is the original form.) A legally void condition, clause, or act cannot obstruct a valid proceeding — a void statute cannot bar an otherwise lawful exercise of right, nor can a defective appointment prevent the office from functioning.

Where this applies

  • A city passes an ordinance purporting to ban home gardens, but a court finds the ordinance unconstitutional, so it cannot serve as the basis for fining any homeowner.
  • An expired restraining order is cited as grounds to arrest someone, but the court holds that a legally void order creates no impediment to the person's freedom.
  • A regulation that was never properly enacted through the required rulemaking process is invoked to deny a permit, but the applicant shows the regulation has no legal effect and therefore cannot block the application.

Legal domains

Cite this maxim

NeCede Max. 1.5.274 — A thing which has no effect in law is not an impediment. — Jenk. Cent. Cas. 162; Wing. Max. 727; Weisman, 71b

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