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NeCede's

Maxim 10.9.16

Legal similarity is a similar reason which governs various cases when compared with each other; for what avails in one similar case will avail in the other. Of things dissimilar, the reason is dissimilar.

Source: Co. Litt. 191; Weisman, 97e Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Legal similarity means that the same reason governs both cases; where cases share the same rationale, the same rule applies, but where the underlying reason differs, the cases must be treated differently.

Where this applies

  • Two cases both involve a government agency exceeding its statutory authority — because the same reason (ultra vires action) governs both, the same rule applies to both.
  • A court finds that a case involving unlawful search of a car is governed by the same Fourth Amendment reasoning as a case involving unlawful search of a home — similar reason, similar rule.
  • A judge distinguishes two breach-of-contract cases: one involves fraud in the inducement and the other involves honest misunderstanding — different reasons, so different rules apply despite the surface similarity.

Legal domains

Cite this maxim

NeCede Max. 10.9.16 — Legal similarity is a similar reason which governs various cases when compared with each other; for what avails in one similar case will avail in the other. Of things dissimilar, the reason is dissimilar. — Co. Litt. 191; Weisman, 97e

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