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NeCede's

Maxim 1.7.42

Where the law compels a man to show cause, it is incumbent that the cause be just and lawful.

Ubi lex aliquem cogit ostendere causam necesse est quod causa sit justa et legitima.

Source: 2 Inst. 269; Jackson; Weisman, 14h Difficulty 2/5 — Approachable

Explanation

When a party is ordered to show cause, vague or pretextual reasons will not suffice — the cause shown must be substantive, lawful, and sufficient to justify the act in question.

Where this applies

  • A court orders someone to show cause and they give a vague or pretextual reason.
  • A government agency is challenged to show its authority and provides an insufficient answer.

Legal domains

Cite this maxim

NeCede Max. 1.7.42 — Where the law compels a man to show cause, it is incumbent that the cause be just and lawful. — 2 Inst. 269; Jackson; Weisman, 14h (Ubi lex aliquem cogit ostendere causam necesse est quod causa sit justa et legitima.)

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