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NeCede's

Maxim 10.6.16

Things special take from things general.

Source: Halk. Max. 51; Weisman, 98f Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Specific provisions carve out their subject from the reach of general provisions — the particular takes precedence and limits the general within the area the particular governs.

Where this applies

  • A general employment law says all workers get two weeks' notice before termination, but a specific statute for probationary employees says they can be let go with one day's notice — the specific statute carves its subject out of the general rule.
  • A general insurance regulation requires all policies to cover flood damage, but a specific provision exempts coastal properties above a certain elevation — the specific exemption limits the general mandate.
  • A general rule says all government records are public, but a specific statute protecting juvenile court records makes those files confidential — the specific takes from the general.

Legal domains

Cite this maxim

NeCede Max. 10.6.16 — Things special take from things general. — Halk. Max. 51; Weisman, 98f

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