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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