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NeCede's

Maxim 12.2.7

He who overthrows the cause overthrows its future effects.

Source: 10 Coke, 51; Weisman, 14e Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Defeating the root cause extinguishes every consequence that flows from it — strike down the foundation and the structure built upon it falls.

Where this applies

  • A court declares a fraudulent contract void from the beginning, and all subsequent transfers of property made under that contract are automatically nullified.
  • A zoning ordinance is struck down as unconstitutional, and every fine and penalty imposed under it is also reversed — destroy the root and the branches fall.
  • An appellate court overturns a conviction, and the probation conditions, fines, and restitution orders that flowed from it are all vacated.

Legal domains

Cite this maxim

NeCede Max. 12.2.7 — He who overthrows the cause overthrows its future effects. — 10 Coke, 51; Weisman, 14e

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