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NeCede's

Maxim 1.5.334

Nothing in vain.

Nil frustra.

Source: Newell v. Wheeler; Wharton, III-205 Difficulty 3/5 — Intermediate

Explanation

The law does nothing in vain — every word in a statute, constitution, or instrument is presumed to have meaning and effect, and no provision should be construed as superfluous or idle.

Where this applies

  • A statute grants the governor 'the power to appoint judges,' and the court holds that the word 'appoint' must mean something — it cannot be read as merely advisory, because the law does nothing in vain.
  • A constitutional provision guarantees the right to 'a speedy trial,' and the court holds that 'speedy' must have substantive meaning and cannot be treated as an empty aspiration.
  • A contract contains a clause requiring 'good faith negotiations' before litigation, and the court enforces it as a binding obligation because every provision in an agreement is presumed to carry real effect.

Legal domains

Cite this maxim

NeCede Max. 1.5.334 — Nothing in vain. — Newell v. Wheeler; Wharton, III-205 (Nil frustra.)

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