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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