Maxim 10.2.44
Terms of an art should be explained from the art.
Source: 2 Kent, Comm. 556, note; Weisman, 104bb
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Technical terms must be defined by reference to the art or discipline from which they arise, not by common parlance — a term of art carries its specialized meaning.
Where this applies
- A medical malpractice case hinges on the word "proximate" — the court must define it according to its medical and legal meaning, not how a layperson might use it in casual conversation.
- A construction contract uses the term "substantial completion," and the parties disagree on whether it's met — the term must be defined by construction-industry standards, not everyday English.
- A patent dispute turns on the phrase "coefficient of friction" — the court must interpret it as an engineer would, not guess at a common-sense meaning.
Legal domains
Cite this maxim
NeCede Max. 10.2.44 — Terms of an art should be explained from the art. — 2 Kent, Comm. 556, note; Weisman, 104bb
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