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NeCede's

Maxim 12.1.8

An argument drawn from things commonly happening is frequent in law.

Argumentum a communiter accidentibus in jure frequens est.

Source: Broom, Max. 44; Co. Litt. 191; Weisman, 8j Difficulty 2/5 — Approachable

Explanation

The law reasons from ordinary experience — what usually happens is the baseline for legal presumption.

Where this applies

  • The law reasons from ordinary experience and what usually happens.
  • Common patterns of behavior form the basis for legal presumptions.
  • What normally occurs is the starting point for legal reasoning.

Legal domains

See also

Cite this maxim

NeCede Max. 12.1.8 — An argument drawn from things commonly happening is frequent in law. — Broom, Max. 44; Co. Litt. 191; Weisman, 8j (Argumentum a communiter accidentibus in jure frequens est.)

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