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NeCede's

Maxim 1.5.295

Every general principle [or maxim of law] is its own pledge or warrant; and things that are clearly true are not to be proved.

Source: Branch, Princ.; Co. Litt. 11; Weisman, 95b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim — no Latin equivalent; the English title is the original form.) A maxim of law requires no external proof — it is self-authenticating authority that a court may take judicial notice of without supporting evidence, and an opponent cannot demand that a party "prove" a fundamental legal axiom.

Where this applies

  • A judge asks a party to prove that fraud vitiates consent, and the opposing counsel objects, arguing that fundamental maxims of law are self-evident and need no proof.
  • A litigant is asked to demonstrate that no one should profit from their own wrong, and the court takes judicial notice of the maxim without requiring supporting evidence.
  • An attorney challenges an opponent's reliance on the principle that equity follows the law, demanding proof, and the court holds that universally accepted legal axioms authenticate themselves.

Legal domains

Cite this maxim

NeCede Max. 1.5.295 — Every general principle [or maxim of law] is its own pledge or warrant; and things that are clearly true are not to be proved. — Branch, Princ.; Co. Litt. 11; Weisman, 95b

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