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NeCede's

Maxim 10.9.14

That which is similar denotes a partial resemblance only, unless the context indicates otherwise.

Source: Black's, 2d. 1089; Weisman, 97b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Similarity denotes only a partial resemblance unless context indicates otherwise — counsel must demonstrate not just surface likeness but true correspondence of the governing principle before claiming analogical force.

Where this applies

  • A lawyer argues that because two fraud cases both involve money, the ruling in one should apply to the other — but the court says surface similarity isn't enough; the underlying schemes are completely different.
  • An insurance company says a flood claim is "similar" to a fire claim because both involve property damage, but the policy treats them under entirely different provisions.
  • A landlord argues that a commercial lease dispute is similar to a residential lease case, but the court finds the regulatory frameworks are so different that only partial resemblance exists.

Legal domains

Cite this maxim

NeCede Max. 10.9.14 — That which is similar denotes a partial resemblance only, unless the context indicates otherwise. — Black's, 2d. 1089; Weisman, 97b

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