Maxim 10.7.4
An exception should always be placed last.
Exceptio semper ultimo ponenda est.
Source: 9 Co. 53; Weisman, 40d
Difficulty 2/5 — Approachable
Explanation
In drafting, exceptions follow the statement of the general rule; an exception placed before its rule obscures the meaning and inverts the natural order of legislative expression.
Where this applies
- The exception should come after the general rule, not before it.
- An exception placed before its rule makes the document confusing.
- Proper drafting puts the rule first and the exception last.
Legal domains
See also
Cite this maxim
NeCede Max. 10.7.4 — An exception should always be placed last. — 9 Co. 53; Weisman, 40d (Exceptio semper ultimo ponenda est.)
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