Maxim 1.5.63
Excess in law is reprehended. Excess in any matter is reprehended at common law.
Excessivum in jure reprobatur. Excessus in re qualibet jure reprobatur communi.
Source: Co. 44; Jackson; Weisman, 41a
Difficulty 1/5 — Foundational
Explanation
The law disfavors excess in all things — whether in pleading, punishment, or the exercise of authority, going beyond what is necessary is condemned.
Where this applies
- A punishment far exceeds what the offense warrants.
- A court order goes beyond what is necessary to resolve the dispute.
Cite this maxim
NeCede Max. 1.5.63 — Excess in law is reprehended. Excess in any matter is reprehended at common law. — Co. 44; Jackson; Weisman, 41a (Excessivum in jure reprobatur. Excessus in re qualibet jure reprobatur communi.)
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