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NeCede's

Maxim 10.7.9

The exception affirms the rule to be the other way.

Source: Bacon, Aph; Weisman, 40a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The very existence of an exception demonstrates that the rule runs the other way for all cases not excepted — the exception proves the affirmative rule by marking its boundary.

Where this applies

  • A statute says "No vehicles in the park, except emergency vehicles" — the exception for emergency vehicles proves the general rule that all other vehicles are banned.
  • A lease says "No pets allowed, except service animals" — the exception for service animals affirms the rule that ordinary pets are prohibited.
  • A sign says "Employees only beyond this point, except during public tours" — the exception for tours proves that at all other times, only employees may enter.

Legal domains

Cite this maxim

NeCede Max. 10.7.9 — The exception affirms the rule to be the other way. — Bacon, Aph; Weisman, 40a

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