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NeCede's

Maxim 12.8.1

What an attempt is, is not defined in law.

Conatus quid sit, non definitur in jure.

Source: 2 Bulstr. 277; 6 Co. 42 Difficulty 2/5 — Approachable

Explanation

The law treats attempt as a flexible concept — it arises from the facts of each case rather than from a rigid statutory definition.

Where this applies

  • What exactly counts as a criminal attempt — the law doesn't define it rigidly.
  • An attempt is a flexible concept determined by the facts of each case.
  • There's no fixed statutory definition of what an attempt is.

Legal domains

See also

Cite this maxim

NeCede Max. 12.8.1 — What an attempt is, is not defined in law. — 2 Bulstr. 277; 6 Co. 42 (Conatus quid sit, non definitur in jure.)

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