Maxim 10.4.9
To define is to determine with precision or to exhibit clearly the boundaries thereof.
Source: Deal v. Enon Sanitary Dist., 95 S.E.2d 362, 366, 245 N.C. 74; Weisman, 31h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A definition must fix the boundaries of the thing defined with precision and clarity — a definition that leaves doubt is no definition at all.
Where this applies
- A zoning board tries to enforce a rule against "commercial activity" without defining what counts as commercial — the definition is useless because it doesn't set clear boundaries.
- A statute creates a new tax on "luxury items" but never specifies what qualifies as a luxury — the law fails to define with precision, leaving everyone guessing.
- A court order requires a company to stop "unfair practices" without specifying which practices — the vague definition gives the company no clear boundary to follow.
Legal domains
Cite this maxim
NeCede Max. 10.4.9 — To define is to determine with precision or to exhibit clearly the boundaries thereof. — Deal v. Enon Sanitary Dist., 95 S.E.2d 362, 366, 245 N.C. 74; Weisman, 31h
Found an error? Suggest a correction →